CITY COUNCIL MEETING
AGENDA
February 24, 2026 - 7:00 PM
In Person
PARTICIPATION: Members of the public are invited to participate by attending the meeting at the Los Altos Council Chamber, located at Los Altos City Hall, 1 N. San Antonio Rd, Los Altos, CA, during the meeting.
Public comments are accepted in person at the physical meeting location or via email to [email protected] or through the Public Comment forum on the city website: Public Comments Form.
RULES FOR CONDUCT: According to Los Altos Municipal Code, Section 2.05.010 "Interruptions and rules for conduct": Understanding that the purpose of the city council meetings is to conduct the people's business for the benefit of all the people, in the event that any meeting of the city council is willfully interrupted by a person or group of persons so as to render the orderly conduct of the meeting impossible, the mayor, mayor pro tem, or any other member of the city council acting as the chair may order the removal of the person or persons responsible for the disruption and bar them from further attendance at the council meeting, or otherwise proceed pursuant to Government Code Section 54957.0 or any applicable penal statute or city ordinance.
REMOTE MEETING OBSERVATION: Members of the public may view the meeting via the link below, but will not be permitted to provide public comment via Zoom or telephone. Public comments will be accepted in person, and members of the public may submit written comments by following the instructions below. https://losaltosca-gov.zoom.us/j/91929662425?pwd=lODtXgad9aCnN8DjUGF8Juui73OED9.1 Telephone: 1-669-444-9171 / Webinar ID: 919 2966 2425 / Passcode: 666380 SUBMIT WRITTEN COMMENTS: Before the meeting, comments on matters listed on the agenda may be emailed to [email protected]. Emailed public comments sent directly to the City Council, either as a group or individually, will not be included in the agenda packet but may be disclosable as part of a public records request. Emails sent to [email protected] will be included in the appropriate agenda packet and are also disclosable as part of a public records request.
Please note: Personal information, such as e-mail addresses, telephone numbers, home addresses, and other contact information, is not required to be included with your comments. If this information is included in your written comments, it will become part of the public record. Redactions and/or edits will not be made to public comments, and the comments will be posted as submitted. Please do not include any information in your communication that you do not want to be made public.
Correspondence submitted in hard copy/paper format must be received by 2:00 p.m. on the day of the meeting to ensure distribution prior to the meeting. Hard copy/paper format comments presented during the meeting will be distributed to the City Council the following day. Members of the public may present a copy of their comments or attachments to the City Clerk for distribution to the City Council.
The Mayor will open public comment and will announce the length of time provided for comments during each item.
AGENDA
CALL MEETING TO ORDER
ESTABLISH QUORUM
PLEDGE OF ALLEGIANCE
REPORT ON CLOSED SESSION
CHANGES TO THE ORDER OF THE AGENDA
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Members of the audience may bring to the Council's attention any item that is not on the agenda. The Mayor will announce the time speakers will be granted before comments begin. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during the Public Comment Period.
According to State Law (also known as “The Brown Act”) items must first be noted on the agenda before any discussion or action.
CONSENT CALENDAR
These items will be considered by one motion. Prior to consideration of the Consent Calendar, a Councilmember may remove an item from the Consent Calendar. Any item removed from the Consent Calendar for discussion will be handled at the discretion of the Mayor.
1. Approval of Meeting Minutes - Draft Regular Meeting Minutes of February 10, 2026
2. Adoption of Resolution - Calling for Special Election to Fill Council Vacancy Adopt a resolution calling for a special municipal election to fill a vacancy on the City Council and requesting consolidation and election services with Santa Clara County Registrar of Voters for the Statewide General Election to be held on November 3, 2026
PUBLIC HEARING
3. Public Hearing - Annual Weed Abatement
Conduct a Public Hearing for consideration of any appeal requested for the removal of property identified on the 2026 Weed Abatement Program Commencement Report
4. Adoption of Resolution - Modification to Design Review Adopt a Resolution of the City Council of the City of Los Altos approving a modification to an approved Design Review (18-D-01) application for property located at 4846 - 4856 El Camino Real. The modification request is to change the existing below market rate unit mix from six (6) very low-income rental units to ownership condominium units, while retaining three (3) moderate income and one (1) low-income ownership units. The proposed project modification request is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment
DISCUSSION ITEMS
5. Create a Council Taskforce for the 75th Anniversary of Los Altos Discuss and create the formation of a Council Taskforce for the 75th Anniversary of Los Altos
6. City Council Strategic Goals
Review the CIty Council's Strategic Goals and provide modifications as needed
7. Discuss and Provide Guidance on Environmental Commission Membership Discuss and provide direction on any changes to the Environmental Commission membership, meeting frequency, or responsibilities
8. Review Los Altos Chamber of Commerce Funding
Discuss and provide direction on funding to the Los Altos Chamber of Commerce
INFORMATIONAL ITEMS / COUNCIL Q&A
There will be no discussion or action on Informational Items. The Council Q&A will be included in the packet the day of the meeting.
9. Tentative Council Calendar and Housing Element Implementation Schedule
10. 02-24-2026 Council QA
COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS
ADJOURNMENT
The City Council will adjourn the regular meeting to a Special Closed Session meeting. CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION – Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9 Subdivision (d):
Two Cases
SPECIAL NOTICES TO THE PUBLIC
According to the City Council Norms and Procedures: It will be customary to have a recess at approximately 9:00 p.m. Before the recess, the Mayor shall announce whether any items will be carried over to the next meeting. The established hour after which no new items will be started is 11:00 p.m. Remaining items, however, may be considered by consensus of the Council.
In compliance with the Americans with Disabilities Act, the City of Los Altos will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please get in touch with the City Clerk at least 72 hours before the meeting.
All public records relating to an open session item on this agenda, which are not exempt from disclosure according to the California Public Records Act, and that are distributed to a majority of the legislative body, will be available for public inspection at the same time that the public records are distributed or made available to the legislative body.
CITY OF LOS ALTOS
CITY COUNCIL MEETING MINUTES
TUESDAY, FEBRUARY 10, 2026
7:00 p.m.
1 N. San Antonio Rd. ~ Los Altos, CA
Sally Meadows,, Mayor
Larry Lang, Vice Mayor
Pete Dailey, Councilmember
Jonathan D. Weinberg, Councilmember
CALL MEETING TO ORDER – Sally Meadows, Mayor, called the meeting to order at 7:00 p.m.
ESTABLISH QUORUM – All Councilmembers were present.
PLEDGE OF ALLEGIANCE – Los Altos Girl Scout Troop 61074, led the Pledge of Allegiance.
REPORT ON CLOSED SESSION
There were no public comments and no reportable action to the Closed Session meetings held on February 3, 2026 at 6:30 p.m., and February 10, 2026 at 5:30 p.m.
CHANGES TO THE ORDER OF THE AGENDA
Motion by Meadows and Second by Weinberg to move Item 6 Review of Council Norms and Procedures to after Item 7 Discussion of City Council Vacancy. Motion carried unanimously by roll call vote.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
The following members of the public spoke during public comment:
• Roberta Phillips
CONSENT CALENDAR
There were no speakers on the Consent Calendar items.
Motion by Lang and Second by Meadows to approve the Consent Calendar. Motion carried unanimously by roll call vote.
1. Approval of Meeting Minutes - Draft Regular Meeting of January 27, 2026
2. FY2025 Annual Comprehensive Financial Report (ACFR)
Accept the City’s Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2025, as presented by the City’s independent auditors.
3. Adoption of Resolution - Caretaker House Demolition Project Acceptance Adopt a resolution accepting completion of the Caretaker House Demolition Project (CF-01049); authorize the Park & Recreation Director to record a Notice of Completion as required by law; and find the project categorically exempt from the
City of Los Altos
City Council Regular Meeting Minutes
February 10, 2026
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(L) (demolition and removal of individual small structures), with none of the exceptions in CEQA Guidelines Section 15300.2 applicable.
DISCUSSION ITEMS
4. Adoption of Resolutions - Fiscal Year 2025/26 Mid-Year Budget Update
1. Adopt a Resolution approving FY2025/26 Mid-Year Financial Update and Budget Adjustments
2. Adopt a Resolution approving the updated FY2025/26 Pay Schedule Jessie Kim, Finance Director, presented the report.
There were no speakers regarding the item.
Motion by Weinberg and Second by Lang to Adopt a Resolution approving the FY2025/26 Mid-Year Financial Update and Budget Adjustments. Motion carried unanimously by roll call vote.
Motion by Weinberg and Second by Lang to Adopt a Resolution approving the updated FY2025/26 Pay Schedule. Motion carried unanimously by roll call vote.
5. Discuss Number of Commissioners on Commissions
Provide direction on any adjustments to the Commissions of the City of Los Altos Sally Meadows, Mayor, opened the item.
There were no speakers regarding the item.
The City Council discussed amendments for City Commissions and Committees.
The item will return for final adoption at a future meeting date.
Discussion item only. No motion taken.
6. City Council Discussion - Vacancy
Discuss and provide direction on City Council vacancy
The City Council discussed options for filling the City Council vacancy.
There were no speakers regarding the item.
Motion by Weinberg and Second by Dailey to call a Special Election to fill the City Council vacancy on the November 3, 2026 election ballot. Motion carried unanimously by roll call vote.
City of Los Altos
City Council Regular Meeting Minutes
February 10, 2026
The City Council took a recess at 8:35 p.m.
The City Council reconvened at 8:51 p.m.
7. Review of City Council Norms and Procedures
Review the City Council Norms and Procedures and provide direction on modifications as needed
The City Council reviewed and discussed amendments to the City Council Norms and Procedures. The item will return for final adoption at a future meeting date.
There were no speakers regarding the item.
Review item only. No motion taken.
INFORMATIONAL ITEMS / COUNCIL Q&A
There will be no discussion or action on Informational Items. The Council Q&A will be included in the packet the day of the meeting.
8. Receive Report - Update on Senate Bill 707
Receive report on Senate Bill (SB) 707
9. Update on Los Altos Chamber of Commerce Contract
10. Tentative Council Calendar and Housing Element Implementation Schedule
11. 02-10-2026 Council QA
COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS • Jonathan D. Weinberg, Councilmember – Requested a future agenda item:
o Formation of a task force researching honoring Los Altos’ 75th birthday in 2027 (Supported by all Council)
• Pete Dailey, Councilmember – Requested a future agenda item:
o City Council Measures and Incentives to Reduce Water Consumption (Supported by Lang and Weinberg)
• Sally Meadows, Mayor – Requested a future agenda item:
o Discussion on the Los Altos Chamber of Commerce, including all active agreements with the Chamber of Commerce (Supported by Dailey and Lang)
City of Los Altos
City Council Regular Meeting Minutes
February 10, 2026
ADJOURNMENT – The regular meeting adjourned at 10:42 p.m. in honor of Dick Henning, founder of Foothill College Celebrity Forum.
The meeting minutes were prepared by Melissa Thurman, City Clerk, for approval at the regular meeting on February 24, 2026.
_________________________________ __________________________________ Sally Meadows Melissa Thurman, MMC
Mayor City Clerk
The February 10, 2026, City Council meeting recording may be viewed via the following external website: https://www.youtube.com/@CityofLosAltosCA The City of Los Altos does not own or operate YouTube. The video referenced in these minutes was live at the time the minutes were published.
City Council Staff Report
Meeting Date: February 24, 2026
Prepared By: Melissa Thurman
Approved By: Gabe Engeland
Subject: Adoption of Resolution - Calling for Special Election to Fill Council Vacancy
COUNCIL PRIORITY AREA
General Government
RECOMMENDATION
Adopt a resolution calling for a special municipal election to fill a vacancy on the City Council and requesting consolidation and election services with Santa Clara County Registrar of Voters for the Statewide General Election to be held on November 3, 2026
ENVIRONMENTAL IMPACT
None
FISCAL IMPACT
The City will reimburse Santa Clara County and the Santa Clara County Registrar of Voters for the costs associated with conducting the consolidated election. Actual costs will be determined upon final billing and will depend on ballot length, voter turnout, and shared election expenses.
PREVIOUS COUNCIL CONSIDERATION
• January 27, 2026 - The City Council continued their discussion of the City Council vacancy to the regular meeting of February 10, 2026.
• February 10, 2026 - The City Council discussed the vacancy and directed staff to return with a resolution calling for a special election to be held on November 3, 2026, in consolidation with the Santa Clara County Registrar of Voters
BACKGROUND
On January 13, 2026, Vice Mayor Neysa Fligor resigned from the Los Altos City Council following her election to the office of Santa Clara County Assessor, creating a vacancy on the City Council.
Pursuant to California Government Code Section 36512, when a vacancy occurs on a city council, the City Council must either fill the vacancy by appointment or call a special election.
ANALYSIS
None
DISCUSSION
In accordance with Council direction, and pursuant to California Government Code Section 36512, staff has prepared a resolution calling a special election to fill the City Council vacancy.
The next regularly established election date that satisfies statutory timing requirements is November 3, 2026.
The proposed resolution requests consolidation of the City’s special municipal election with the Statewide General Election, and requests that the Santa Clara County Registrar of Voters provide all necessary election services. Conducting the election in consolidation with the County allows the City to utilize established election infrastructure and minimize administrative burden and costs. The City of Los Altos has customarily conducted its municipal elections in consolidation with Santa Clara County and the Registrar of Voters office.
ATTACHMENTS
1. Resolution
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS CALLING
A SPECIAL MUNICIPAL ELECTION TO FILL A VACANCY ON THE CITY
COUNCIL AND REQUESTING CONSOLIDATION AND ELECTION SERVICES
WITH SANTA CLARA COUNTY REGISTRAR OF VOTERS FOR THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2026
WHEREAS, on January 13, 2026, a vacancy occurred on the Los Altos City Council following the resignation of Councilmember Neysa Fligor; and
WHEREAS, pursuant to California Government Code Section 36512, when a vacancy occurs on a City Council, the City Council shall either fill the vacancy by appointment or call a special election to fill the vacancy; and
WHEREAS, Government Code Section 36512 further provides that any special election called to fill a vacancy shall be held on the next regularly established election date not less than 114 days from the call of the election; and
WHEREAS, the next regularly established election date that satisfies these statutory requirements is November 3, 2026; and
WHEREAS, the City of Los Altos customarily conducts its municipal election in consolidation with the Santa Clara County Registrar of Voters and utilizes their services for the conduct of elections; and
WHEREAS, during their regular meeting of February 10, 2026, the City Council directed staff to call a special municipal election to fill the vacancy and to request that the election be consolidated with the Santa Clara County Registrar of Voters for the statewide general election to be held on November 3, 2026.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos does hereby:
1. Call of Election
A special municipal election is hereby called and ordered to be held in the City of Los Altos on Tuesday, November 3, 2026, for the purpose of electing one (1) member of the City Council to fill the vacancy left by Councilmember Neysa Fligor.
2. Consolidation
Pursuant to Elections Code sections 10400 et seq., the special municipal election is hereby requested to be consolidated with the statewide general election to be conducted on November 3, 2026. The consolidated election shall be held and conducted in the manner prescribed by law for the statewide election.
3. Request for Services
The City Council hereby requests that the Santa Clara County Registrar of Voters provide all services necessary for the conduct of the election, including but not limited to the preparation and distribution of ballots, voter information materials, precinct services, vote tabulation, and canvass of returns.
4. Costs
The City of Los Altos shall reimburse the Santa Clara County Registrar of Voters for all costs associated with the conduct of the special municipal election, as required by law.
5. Procedures
The election shall be conducted in all respects as required by the California Elections Code and other applicable laws.
6. Notice
The City Clerk is authorized and directed to take all actions necessary to carry out the purposes of this resolution, including filing certified copies of this resolution with the appropriate offices within Santa Clara County, including the Santa Clara County Registrar of Voters.
7. Effective Date
This Resolution shall take effect immediately upon adoption.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 24th day of February 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Sally Meadows
Mayor
ATTEST:
_________________________
Melissa Thurman, MMC
City Clerk
City Council Staff Report
Meeting Date: February 24, 2026
Prepared By: Stephanie Williams
Approved By: Gabe Engeland
Subject: Public Hearing - Annual Weed Abatement
COUNCIL PRIORITY AREA
Public Safety
General Government
RECOMMENDATION
Conduct a Public Hearing for consideration of any appeal requested for the removal of property identified on the 2026 Weed Abatement Program Commencement Report
ENVIRONMENTAL IMPACT
Not a project under the Environmental Quality Act (CEQA).
FISCAL IMPACT
No direct fiscal impact to the City of Los Altos is associated with participation in the Weed Abatement Program as the cost to perform the work is covered by a Property Tax Assessment to the parcel of land where the violation occurs.
PREVIOUS COUNCIL CONSIDERATION
On January 27, 2026, the City Council adopted a resolution declaring certain property as a public nuisance as identified by the County of Santa Clara and setting the appeal hearing date of February 24, 2026 (Attachment 1).
BACKGROUND
Los Altos Municipal Code Chapter 11.06 requires property owners to remove excessive vegetative growth and combustible debris to reduce fire hazards. To support enforcement of this requirement, the City Council authorized the City’s participation in the Santa Clara County Weed Abatement Program on June 25, 2024.
The Weed Abatement Program is administered by the Santa Clara County Consumer and Environmental Protection Agency in partnership with cities throughout Santa Clara County. The program’s primary purpose is to prevent fire hazards caused by excessive vegetation and the accumulation of combustible materials, with an emphasis on achieving voluntary compliance.
Property owners are required to maintain vegetation in accordance with minimum fire safety standards.
As part of the City’s participation in the program, the City Council must annually adopt a
resolution confirming the properties identified by the County for abatement of known violations.
Adoption of this resolution is required in order for the County to enforce the program on the City’s behalf. The City of Los Altos is also required to hold a public hearing to consider any appeals submitted by responsible property owners requesting removal of their property from the Weed Abatement Program. This public hearing will provide an opportunity for the City Council to consider any such appeals.
ANALYSIS
The 2026 Weed Abatement Program Commencement Report contains 57 parcels within the City of Los Altos which were sent a Notice of Abatement for any weeds, brush and/or rubbish that must be resolved by the due date established by the Santa Clara County Consumer and Environmental Protection Agency.
The February 24, 2026 appeal public hearing was noticed to all properties identified in the 2026 Weed Abatement Program Commencement Report (Attachment 1). Notification was provided by the County of Santa Clara via first-class mail through the U.S. Postal Service and posted in the newspaper.
At the public hearing, the City Council will conduct a de novo review of any appeals submitted either in writing or presented in person at the hearing. Following its review, the City Council may either affirm the inclusion of the subject property(ies) in the 2026 Weed Abatement Program Commencement Report or direct the removal of the appealed property(ies) from the Program. The decision of the City Council shall be final.
DISCUSSION
See Analysis Section.
ATTACHMENTS
1. Resolution 2026-04
Resolution 2026-04 Page 1 of 3
RESOLUTION NO. 2026-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
DECLARING WEEDS, BRUSH AND/OR RUBBISH ON CERTAIN DESCRIBED
PROPERTIES TO BE A PUBLIC NUISANCE
WHEREAS, weeds and brush are growing in the City of Los Altos upon certain streets, sidewalks, highways, roads, and private property; and WHEREAS, the weeds, brush and rubbish create a fire hazard and/or health hazard and threaten the public health, safety, and welfare; and WHEREAS, on June 25, 2024, the City Council of the City of Los Altos authorized the participation in the County of Santa Clara Weed Abatement Program; and WHEREAS, on April 8, 2025, the City Council of the City of Los Altos adopted an Ordinance adding Chapter 11.06 - Weed Abatement regulations to the Los Altos Municipal Code; and
WHEREAS, the County of Santa Clara Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials; and
WHEREAS, as a part of the City of Los Altos’ participation in the County of Santa Clara Weed Abatement Program the City shall declare any properties subject to the annual weed abatement program; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby declares that:
1. Weeds, brush and/or rubbish that create a fire hazard and/or health hazard are a public nuisance.
2. The nuisance exists or recurs upon all the streets, sidewalks, highways, roads and private property, more particularly described by common name or by reference to the parcel number on the report prepared by the Director of the County of Santa Clara Consumer and Environmental Protection Agency and attached hereto and incorporated as Exhibit A.
3. The property owners of the described parcels must abate the nuisance(s) throughout the year by removing the weeds, brush and/or rubbish, otherwise the County of Santa Clara, Consumer and Environmental Protection Agency will abate the nuisance(s) and the cost of abatement to the County will constitute a lien upon the property until paid.
4. Unless the nuisance is abated prior to the inspection of the property by the County,
Resolution 2026-04 Page 2 of 3
the cost of the failed inspection will constitute a lien upon the responsible property until paid.
5. It is ordered that on Tuesday the 24th day of February 2026, at the hour of 7:00 PM, in the Community Chambers, located at 1 North San Antonio Road, Los Altos, CA, 94022, is the time and place when the City Council of the City of Los Altos will hear any objections at a public hearing to the proposed destruction or removal of the weeds, brush and/or rubbish by the County.
6. The Director of the County of Santa Clara Consumer and Environmental Protection Agency is hereby designated as the person to cause notice of the adoption of this resolution to be given in the manner and form provided in the Health and Safety Code Section 14980 and as the person to hereafter cause abatement of such seasonal and recurring nuisance.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 27th day of January 2026 by the following vote:
AYES: Dailey, Lang, Meadows, Weinberg
NOES:
ABSENT:
ABSTAIN:
Sally Meadows, MAYOR
Attest:
Melissa Thurman, MMC,
CITY CLERK
Resolution 2026-04 Page 3 of 3
EXHIBIT A
Situs APN CITY/STATE
2026 WEED ABATEMENT PROGRAM
CITY OF LOS ALTOS
COMMENCEMENT REPORT Exhibit A
1 1183 LAURELES DR 167-10-026 TOBAGI FOUAD A 1183 LAURELES DRIVE LOS ALTOS CA 940222 410 TRAVERSO AVE 167-14-056 ZHENG JINGWEI AND CHAI YU 410 TRAVERSO AVE LOS ALTOS CA 940223 900 SANTA RITA AVE 167-14-061 FIROOZ MOHAMMAD HAMED AND 900 SANTA RITA AVE LOS ALTOS CA 940224 107 DEL MONTE AVE 167-17-026 GOUD SUNEEL AND ALIMCHANDANI 107 DEL MONTE AVE LOS ALTOS CA 940225 465 W. PORTOLA AVE 167-19-027 LAI TRACY ALYCE MARK TRUSTEE & 465 W. PORTOLA AVE LOS ALTOS CA 940226 638 TOMI LEA ST 167-23-013 HAGNERE GINETTE TRUSTEE 2801 NORMANDIE CT ESCONDIDO CA 920257 17 ALMA CT 167-28-027 JIA HONGZHONG AND CHEN WEI 580 ROSITA AVE LOS ALTOS CA 940248 394 N. SAN ANTONIO RD 167-29-062 SCHIATTARELLA ENRICO AND 61 CHESTER CIR LOS ATLOS CA 940229 110 LOS ALTOS AVE 167-35-043 DUCROHET XAVIER AND VICTORIA 110 LOS ALTOS AVE LOS ALTOS CA 9402210 987 ACACIA AV 170-01-043 GQ FIRST INC 97 BOSTON AVE SAN JOSE CA 9512811 4848 EL CAMINO 170-02-055 TS 4846 ECR LLC 12230 SARATOGA SARATOGA CA 9507012 4898 EL CAMINO 170-03-085 ADL 15 LLC 329 S SAN ANTONIO RD, UNTI LOS ALTOS CA 9402213 706 CASITA WY 170-04-020 HERLINGER, DAVID 706 CASITA WAY LOS ALTOS CA 9402214 84 ALVARADO AVE 170-15-005 COLE HENRY A JR AND ARLENE C 84 ALVARADO AVE LOS ALTOS CA 9402215 226 SOLANA DR 170-21-025 ANGULO ROBERT TRUSTEE & ET AL 411 PACO DR LOS ALTOS CA 9402416 241 SUNKIST LN 170-22-020 MEHTA SAGAR TRUSTEE & ET ALL 1595 MORTON AVE LOS ALTOS CA 9402417 200 ALMOND Av 170-24-008 VINNAKOTA SRICHARAN TRUSTEE & 200 ALMOND AVE LOS ALTOS CA 94022-220518 215 ANGELA DR 170-24-041 ANGELA GROUP LLC 10229 SCENIC BLVD CUPERTINO CA 9501419 245 HAWTHORNE AVE 170-26-076 245 HAWTHORNE LLC 873 SANTA CRUZ AVE UNIT MENLO PARK CA 9402520 140 LYELL ST 170-39-043 LYELL LLC 840 MORENO AVE PALO ALTO CA 9430321 136 PEPPER DR 170-40-054 HAMILTON KRISTINE K AND GARY G 136 PEPPER DR LOS ALTOS CA 9402222 175 BEVERLY LN 170-43-009 175 BEVERLY LLC 257 CASTRO STREET, STE # MOUNTAIN VIEW CA 9404123 562 PALM AVE 175-16-008 562 PALM LLC 562 PALM AVE LOS ALTOS CA 94022-353024 655 WASHINGTON ST 175-17-035 ELEANOR VALLEY LLC 221 YERBA BUENA AVE LOS ALTOS CA 94022 24 records of 57 Santa Clara County Weed Abatement Program Page 1
Situs APN CITY/STATE
2026 WEED ABATEMENT PROGRAM
CITY OF LOS ALTOS
COMMENCEMENT REPORT Exhibit A
25 782 UNIVERSITY AVE 175-18-031 WONG ERIC TRUSTEE 782 UNIVERSITY AVE LOS ALTOS CA 9402226 604 MILVERTON RD 175-19-042 GIOVANNOTTO ROBERTO M P.O. BOX 210 PALO ALTO CA 9430227 1169 GOLDEN WA 189-10-027 SU KEVIN P AND CHEN JENNIFER A 1169 GOLDEN WAY LOS ALTOS CA 94024-505828 968 LINDA VISTA WA 189-12-018 FENG YUAN AND HU LIUYI TRUSTEE 968 LINDA VISTA WAY LOS ALTOS CA 9402429 980 BERRY Av 189-12-028 DEATHERAGE DAVID G AND HSI 980 BERRY AV Los Altos CA 9402430 1540 MIRAMONTE AVE 189-15-085 POS GROUP MIRAMONTE LLC 137 ELM STREET SAN CARLOS CA 9407031 718 RONALD CT 189-19-003 718 RONALD LIMITED PARTNERSHIP 22330 SANTA PAULA AVE CUPERTINO CA 9501432 16 OTIS WA 189-35-038 ZHOU HUAPENG AND QI NITING 16 OTIS WAY LOS ALTOS CA 9402233 675 PACO DR 189-37-036 WONG NORMAN D AND EUGENIA L 1600 TROUSDALE DR BURLINGAME CA 9401034 645 PACO DR 189-37-039 OKADA RALPH T P.O. BOX 2396 SUNNYVALE CA 9408735 629 BENVENUE AVE 189-38-079 TUNG CHIEN-CHIH TRUSTEE & ET A 629 BENVENUE AV LOS ALTOS CA 9502436 674 TERESI LN 189-40-039 HINDMAN STEVEN MICHAEL AND 674 TERESI LN LOS ALTOS CA 9402437 847 RIVERSIDE DR 189-43-020 RIVERSIDE DR LLC 13717 FORTUNA CT SARATOGA CA 95070-524238 1065 ECHO DR 189-46-019 GUO FONG-CHIH AND LIOU HUOY-YU1065 ECHO DR LOS ALTOS CA 9402439 960 ECHO DR 189-46-028 RUGTIV STEWART, SUSAN & SCOTT 960 ECHO DR LOS ALTOS CA 94024-481740 571 EL MONTE AVE 189-51-056 WANG JOHN B AND WONG LYDIA A 571 S. EL MONTE AVE LOS ALTOS CA 9402241 562 BENVENUE AVE 189-52-064 SADAKIAN AVEDIS A AND ARO 562 BENVENUE AVE LOS ALTOS CA 9402442 705 VISTA GRANDE AV 189-58-070 TAWARI SANDESH AND SHIKHA 705 VISTA GRANDE AVE. LOS ALTOS CA 9402443 924 O'DELL WY 193-27-012 ROH YOUSIK AND CHUNG KRISTY 924 O'DELL WAY LOS ALTOS CA 9402444 1225 CARMEL TER 193-43-014 ROSS ELIZABETH TRUSTEE 1225 CARMEL TER LOS ALTOS CA 9402445 1375 RANCHITA DR 197-18-012 LION, ANNA R 1375 RANCHITA DRIVE LOS ALTOS CA 9402446 1347 RICHARDSON AVE 318-07-008 FIRST SOUTHERN BAPTIST CHURCH 1347 RICHARDSON AVE LOS ALTOS CA 94024-613547 1925 CHURTON AVE 318-15-033 MCGHEE GLENN E AND BONNIE J 1925 CHURTON AVE LOS ALTOS CA 9402448 1948 CHURTON AV 318-15-070 KELLOGG LEOLA J TRUSTEE 1948 CHURTON AVE LOS ALTOS CA 94024 48 records of 57 Santa Clara County Weed Abatement Program Page 2
Situs APN CITY/STATE
2026 WEED ABATEMENT PROGRAM
CITY OF LOS ALTOS
COMMENCEMENT REPORT Exhibit A
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City Council Staff Report
Meeting Date: February 24, 2026
Prepared By: Sean Gallegos
Approved By: Gabe Engeland
Subject: Adoption of Resolution - Modification to Design Review
COUNCIL PRIORITY AREA
Housing
General Government
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Los Altos approving a modification to an approved Design Review (18-D-01) application for property located at 4846 - 4856 El Camino Real. The modification request is to change the existing below market rate unit mix from six (6) very low-income rental units to ownership condominium units, while retaining three (3) moderate income and one (1) low-income ownership units. The proposed project modification request is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment
ENVIRONMENTAL IMPACT
The proposed project modification request is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment.
FISCAL IMPACT
No fiscal impacts are associated with the proposed modification request.
PREVIOUS COUNCIL CONSIDERATION
November 27, 2018
BACKGROUND
On November 27, 2018, the City Council approved a Design Review with a Density Bonus, Use Permit, and Tentative Map for a multifamily residential condominium development with 52 units, common areas, and two levels of underground parking. The project currently includes ten affordable units with three moderate income units and one low income unit for sale, and six very-low income units for rent. The project has obtained building permits and is currently under construction. The City Council staff report is provided as Attachment 2.
ANALYSIS
The applicant requests to change the existing below market rate unit mix from six very-low
income rental units (Units 105, 207, 208, 302, 402, and 502) to ownership units, while retaining three moderate income ownership units (Units 101, 110, and 210) and one low income ownership unit (Unit 307). The proposal does not include any physical changes to the approved building or site layout. No changes are proposed to the total number of affordable units, income levels, bedroom mix, unit sizes, unit locations, floor plans, or the approved density bonus, or parking configuration. The request is documented in the applicant’s project description and affordable housing narrative and reflected in the revised BMR unit plans provided as part of this application (Attachments 3 and 4).
As described in the applicant’s written request, as the new owner and developer of the project, their core business is the development and sale of real property and does not have the operational capacity or expertise to manage long-term rental or lease operations.
The following table summarizes the existing and proposed unit housing type:
Floor Unit Income
Level
Approved Housing
Type
Proposed Housing
Type
Bedrooms/
Baths
First Floor 101 Moderate Ownership Ownership 2 Bed / 2 Bath 105 Very Low Rental Ownership 2 Bed / 2 Bath
110 Moderate Ownership Ownership 3 Bed / 2 Bath
Second
Floor
207 Very Low Rental Ownership 2 Bed / 2 Bath
208 Very Low Rental Ownership 1 Bed / 1 Bath
210 Moderate Ownership Ownership 3 Bed / 2 Bath
Third
Floor
302 Very Low Rental Ownership 1 Bed / 1 Bath
307 Low Ownership Ownership 2 Bed / 2 Bath
Fourth
Floor
402 Very Low Rental Ownership 1 Bed / 1 Bath
Fifth
Floor
502 Very Low Rental Ownership 1 Bed/ 1 Bath
Section 14.28.020 of the Los Altos Municipal Code (LAMC) establishes the City’s affordable housing requirements for ownership housing, including a minimum of 15 percent affordable units, with a majority designated at the moderate-income level and the remainder at the low and/or very low-income level. The proposed modification would convert six approved very lowincome units to ownership units. The project includes ten below market rate ownership units, which equals 35.7 percent of the project’s approved base density and exceeds the City’s minimum 15 percent affordable housing requirement for ownership units. The proposed modification would not change the total number or distribution of affordable units and would
continue to satisfy the City’s affordability standards. However, as shown in the table above, the affordable units would be provided across moderate, low, and very low-income categories, and the approved project did not include a majority of moderate-income units.
A letter from the Department of Housing and Community Development (Attachment 5) clarifies that local inclusionary housing requirements may be enforced only until the applicable minimum affordability percentage is satisfied. This means that once the overall affordability threshold is reached, no additional inclusionary units should be mandated, regardless of the distribution of affordability levels. Consequently, the City's requirement stipulating that a majority of the affordable units must be designated as moderate income is not permissible under the guidance provided by the Department of Housing and Community Development.
The proposed modification does not change the number of affordable units, reduce affordability, or alter the approved density bonus or project design. The project continues to comply with the City’s inclusionary housing requirements and the approved density bonus request. Accordingly, staff recommends the City Council approve the requested modification.
DISCUSSION
See the Analysis Section above.
ATTACHMENTS
1. Attachment 1 - Resolution
2. Attachment 2 - 2018 City Council Report
3. Attachment 3 - Applicant's Letter
4. Attachment 4 - BMR Unit Plans
5. Attachment 5 - Department of Housing and Community Development Letter
RESOLUTION NO. 2026-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
APPROVING A MODIFICATION TO THE AFFORDABLE HOUSING PROGRAM FOR A PREVIOUSLY APPROVED 52-UNIT MULTIFAMILY RESIDENTIAL DEVELOPMENT AT 4846 - 4856 EL CAMINO REAL
WHEREAS, the City of Los Altos received an application from Yorke Lee (Applicant) for a modification to an approved Design Review (18-D-01) for property located at 4846 - 4856 El Camino Real. The modification request is to change the existing below market rate unit mix from six (6) very low-income rental units to ownership condominium units, while retaining three (3) moderate income and one (1) low-income ownership units, referred to herein as the “Project”; and
WHEREAS, said Project is located in the CT District, which allows multifamily housing as a permitted use and does not specify a maximum allowable residential density; and WHEREAS, the Applicant is offering six very low-income, one low-income and three moderate-income affordable housing units for sale as part of the Project; and WHEREAS, the Applicant’s proposed unit mix would consist of 35.7 percent of its total units as affordable units, thereby entitling the project to qualify for two incentives, and additional concessions and waivers pursuant to Los Altos Municipal Code Sections 14.28.050 and Table E of Section 14.25.054, and Government Code Section 65915, et seq.; and WHEREAS, as part of the Modification request the Applicant is not seeking any new incentives or waivers under Government Code Section 65915(e) and the Los Altos Municipal Code; and
WHEREAS, the City Council conducted a duly noticed public hearing on the Project, reviewed the complete administrative record, and heard testimony from all interested parties; and WHEREAS, said Project is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, the “common sense” exemption, because the proposed modification is limited to a change in the approved below market rate unit mix from rental units to ownership condominium units, does not include any physical changes to the previously approved project, and would not result in any expansion of use or intensity, and therefore there is no possibility that the Project may have a significant effect on the environment; and
WHEREAS, the finding and conclusions made by the City Council in the Resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record for the proposed Project, which is incorporated herein by this reference; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos does hereby adopt a Resolution of the City Council of the City of Los Altos approving the modifications to an approved Design Review (18-D-01) application for property located at 4846 - 4856 El Camino Real to change the existing below market rate unit mix from six (6) very lowincome rental units to ownership condominium units, while retaining three (3) moderate income and one (1) low-income ownership units; and find the project Categorically Exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, subject to the recommended Findings and Conditions of Approval, attached hereto and incorporated by this reference.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 24th day of February 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, CMC, CITY CLERK
EXHIBIT A
FINDINGS
With regard to the Project, the City finds the following pursuant to Section 14.77.070 of Los Altos Municipal Code (LAMC):
a. The proposal meets the goals, policies, and objectives of the General Plan and all applicable objective zoning standards and design criteria for a multiple-family residential development in the CT (Commercial Thoroughfare) District, as the Project does not alter the exterior of the building approved under Design Review Permit 18-D-01. b. The proposed structure continues to follow the natural contours of the site with minimal grading, minimal impervious cover, and appropriate erosion protection measures. The proposed modification does not alter the approved grading, drainage, impervious surface coverage, or erosion control measures approved under Design Review Permit 18-D-01. c. Building mass continues to be articulated to relate to the human scale, both horizontally and vertically, and the approved building elevations continue to have variation and depth and avoid large blank wall surfaces. Residential projects incorporate elements that signal habitation, such as identifiable entrances, stairs, porches, bays and balconies. The proposed modification does not alter the approved building elevations, as no changes are proposed to the exterior of the building approved under Design Review Permit 18-SD-01. d. Exterior materials and finishes convey high quality, integrity, permanence and durability, and the materials continue to be used effectively to define building elements. Materials, finishes, and colors continue to be used in a manner that serves to reduce the perceived appearance of height, bulk and mass, and are harmonious with other structures in the immediate area because the Project does not alter the exterior of the building approved under Design Review Permit 18-D-01 and retains all materials, finishes and colors; e. The design and layout of the approved Project continue to result in well-designed vehicle and pedestrian access, circulation, and parking. The proposed modification does not alter the approved circulation patterns, access points, or parking configuration approved under Design Review Permit 18-D-01.
f. The approved general landscape design continues to provide visual relief, complement the building architecture, and contribute to an attractive environment consistent with any adopted landscape program. The proposed modification does not alter the approved landscape or hardscape design approved under Design Review Permit 18-D-01.
Landscaping, and the proposed landscape and hardscape elements continue to complement the proposed building design.
g. Signage, which is limited to the building address number and other required directional signage, will continue to be designed to complement the building architecture in terms of style, materials, colors and proportions.
h. Mechanical equipment is screened from public view by the sloped roof parapet and continues to be designed to be consistent with the building architecture in form, material and detailing because the proposed minor interior alterations do not alter the exterior of the building approved under Design Review Permit 18-D-01.
i. Service and trash areas continue to be fully screened from public view or enclosed within structures consistent with the building architecture in materials and detailing. The proposed modification does not alter the approved location or screening of service or trash facilities because the proposed modifications do not alter the exterior of the building approved under Design Review Permit 18-D-01 which maintains screening of all service, trash and utility areas.
j. Street improvements identified in Chapter 11.20 of the Los Altos Municipal Code continue to be addressed through the approved project conditions. The proposed modification does not alter any required or approved street improvements under Design Review Permit 18- D-01.
k. Off-site improvements associated with the subdivision of land, as allowed by Title 13 of the Los Altos Municipal Code and the Subdivision Map Act, remain unchanged and continue to comply with the approved Tentative Map.
l. The Project is categorically exempt from environmental review under Section 15061(b)(3) (Common Sense) of the California Environmental Quality Act (CEQA) Guidelines because the proposed modification is limited to a change in the approved below market rate unit mix from rental units to ownership condominium units, does not include any physical changes to the previously approved project, and would not result in any expansion of use or intensity, and therefore there is no possibility that the Project may have a significant effect on the environment.
EXHIBIT B
CONDITIONS OF APPROVAL
PLANNING DIVISION
1. Approved Plans: The project shall be developed in substantial compliance with the design plans, and support materials approved as part of Resolution No. 2018-42, except as modified by these conditions as specified below.
2. Affordable Housing: This condition shall supersede Condition No. 2 in Resolution 2018-42.
The applicant shall provide a total of ten (10) below market rate ownership units, consisting of four (4) one bedroom units designated for very low income households, one (1) two bedroom unit designated for moderate income households, one (1) two bedroom unit designated for low income households, two (2) two bedroom units designated for very low income households, and two (2) three bedroom units designated for moderate income households.
3. Indemnity and Hold Harmless: The applicant/owner agrees to indemnify, defend, protect, and hold the City harmless from all costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of the City in connection with the City’s defense of its actions in any proceedings brought in any State or Federal Court, challenging any of the City’s action with respect to the applicant’s project. The City may withhold final maps and/or permits, including temporary or final occupancy permits, for failure to pay all costs and expenses, including attorney's fees, incurred by the City in connection with the City's defense of its actions.
4. Affordable Housing Agreement: This condition shall supersede Condition No. 33 in Resolution 2018-42. The Applicant shall execute and record a revised Affordable Housing Agreement, in a form approved and signed by the Development Services Director and the City Attorney, that provides for ten (10) below market rate ownership units for a period of at least fifty-five (55) years, as defined in Condition No. 3. The below market rate units shall consist of four (4) one-bedroom units affordable at the very-low-income level, one (1) two-bedroom unit affordable at the moderate-income level, one (1) two-bedroom unit affordable at the lowincome level, two (2) two-bedroom units affordable at the very-low-income level, and two (2) three-bedroom units affordable at the moderate-income level. The below market rate units shall be constructed concurrently with the market-rate units, shall be provided in the locations shown on the approved plans, and shall not be significantly distinguishable from the market-rate units with respect to design, construction, or materials.
AGENDA REPORT SUMMARY
DISCUSSION CALENDAR
Agenda Item # 7
Meeting Date: November 27, 2018
Subject: Proposed Five-Story, 52-Unit Multiple-Family Building at 4856 El Camino Real Prepared by: Zachary Dahl, Planning Services Manager
Reviewed by: Jon Biggs, Community Development Director
Approved by: Chris Jordan, City Manager
Attachment(s):
1. Updated Proposal from Applicant
2. Resolution No. 2018-42
3. City Council Agenda Report, November 13, 2018
4. Public Correspondence
Initiated by:
Applicant and Owner – Mircea Voskerician, LuxOne LLC
Previous Council Consideration:
• January 16, 2018 (City Council-Planning Commission Joint Study Session) • May 8, 2018 (Story Pole Exemption Request)
• July 10, 2018 (Story Pole Exemption Request)
• November 13, 2018 (Regular City Council Meeting)
Fiscal Impact:
The project will result in the following estimated financial contributions to the City:
• Park in-Lieu Fees: $1,846,000 ($35,500/multiple-family dwelling unit) • Traffic Impact Fees: $216,268 ($4,159/multiple-family dwelling unit) Environmental Review:
The project is exempt from environmental review as in-fill development in accordance with Section 15332 of the California Environmental Quality Act of 1970 as amended.
Policy Question(s) for Council Consideration:
• Is the updated proposal of 10 affordable (below market rate) units in exchange for a density bonus, incentives, waivers and parking requirement alteration consistent with State Law and the City’s Affordable Housing Ordinance?
• Does the proposal meet the required findings for design review, a use permit and subdivision per the Los Altos Municipal Code?
Subject: Proposed Five-Story, 52-Unit Multiple-Family Building at 4856 El Camino Real November 27, 2018 Page 2
Summary:
• This is an updated development proposal for a new five-story, multiple-family residential building with 52 condominium units, a rooftop common area and a two-level underground parking garage
• The updated proposal is offering 10 affordable housing units (three moderate income units and one low income unit for sale, and six very-low income units for rent), 35.7 percent of the project’s base density, that qualifies the project for a density bonus, incentives, waivers and a parking requirement alteration. The proposal is seeking an 82.5 percent density bonus, development incentives to allow for increased height and a reduced rear yard setback, waivers to allow for a taller elevator tower and larger area for rooftop structures, and a reduction in the minimum onsite parking requirement
• The Complete Streets Commission and the Planning Commission have reviewed the original proposal at public meetings and recommend approval of the project Staff Recommendation:
Consider the updated proposal and take action accordingly on Design Review application 18-D-01, Use Permit application 18-UP-01 and Subdivision application 18-SD-01 for a new 52-unit multiplefamily development at 4856 El Camino Real
Subject: Proposed Five-Story, 52-Unit Multiple-Family Building at 4856 El Camino Real November 27, 2018 Page 3
Purpose
Consider the update proposal and take action accordingly on Design Review, Use Permit, and Subdivision applications for a new 52-unit multiple-family development at 4856 El Camino Real.
Background
On November 13, 2018, the City Council held a public meeting to consider the proposed development. Following a presentation from the applicant and comments from members of the public, the Council discussed the proposal. Due to concerns related to the size of the requested density bonus, the Council voted unanimously to continue the item to the November 27, 2018 meeting to give the applicant an opportunity to submit an updated proposal to address the direction provided.
The City Council’s direction to the applicant was to consider revising the project to increase the number of BMR units from eight (8) to ten (10), all of which were to be rental units, and revise the mix of BMR units to more closely reflect the bedroom count mix of the market rate units in the project.
A full evaluation of the originally proposed project and its background information is included in the November 13, 2018 City Council agenda report (Attachment 3).
Discussion/Analysis
Updated Proposal
Following the City Council’s direction to increase the number of affordable units and provide a more representative mix of affordable units with regard to bedroom count, staff worked diligently with the applicant to update the proposed project. The updated proposal, which is included in Attachment 1, is summarized as follows:
• The project increased the total number of affordable units from eight (8) to ten 10; • The project is offering three moderate income units and one low income unit for sale, and six very-low income units for rent, which is 35.7 percent of the project’s base density of 28 units; • The mix of affordable units has been revised to include two (2) three-bedroom units, four (4) two-bedroom units and four (4) one-bedroom units.
The following table provides a comparison between the original proposal and new proposal:
Original Proposal Updated Proposal
Market Rate Units Affordable Units Market Rate Units Affordable Units Three-bedroom 10 1 (moderate) 7 2 (moderate)
Subject: Proposed Five-Story, 52-Unit Multiple-Family Building at 4856 El Camino Real November 27, 2018 Page 4
Two-bedroom 28 1 (moderate) 27 4 (1 moderate, 1 low
and 2 very-low)
One-bedroom 4 6 (very-low) 8 4 (very-low)
Total 42 8 42 10
Overall, the updated proposal does a much better job of providing a mix of affordable units that is very similar to the mix of market rate unit in terms of bedroom count and they are well distributed throughout the project. In addition, it is worth noting that this project would provide the highest percentage of affordable units and best mix of units in terms of size of any multiple-family project that the City has approved in the last 10 years.
As a condition of project approval, the developer is required to enter into an affordable housing agreement with the City to ensure that the affordability of the project’s BMR units and income qualification requirements are in place for the long term, at least 55 years.
General Plan Conformance
As part of the Council discussion about the project, there was a question raised about conformance with the General Plan’s maximum floor area ratio (FAR) requirement. Based on staff’s review, the project is not inconsistent with any General Plan FAR or other requirements. While the General Plan’s Land Use Element does use FAR to discuss existing and anticipated development intensity in various land use designations, it does not establish a maximum FAR in the El Camino Real Special Planning Area, nor does it contain any goals, policies or implementation program requiring or encouraging such a standard. In addition, staff reviewed the zoning ordinances that regulated the El Camino Real corridor dating back to 1969 and determined this district has never contained a maximum FAR site standard requirement. Therefore, based on the information contained in the attached resolution, the proposed project is consistent with the Los Altos General Plan.
Development Incentives
The Council’s discussion also included concerns that the project was seeking more than three development incentives (or concessions). As defined in State Law and the City’s Affordable Housing Ordinance (Chapter 14.28) for the purposes of this project, an “incentive” means a reduction in site development standards or a modification of zoning code requirements or architectural design requirements; or other regulatory incentives or concessions proposed by the developer or the City that result in identifiable and actual cost reductions to provide for affordable housing costs. In this case, there are basically two incentives being requested by the applicant: 1) an increase in the maximum allowable building height of up to 13 feet; and 2) a reduction in the rear yard setback for the upper floors of 40 percent. Since the project is entitled to three incentives, the applicant chose to use two “on-menu” incentives for the rear yard setback reduction, but functionally, there are two “off-menu” incentives that are being requested. Stated in another way, both would be off-menu
Subject: Proposed Five-Story, 52-Unit Multiple-Family Building at 4856 El Camino Real November 27, 2018 Page 5
incentives because 13 feet is higher than the on-menu height incentive (which is 11’) and the 40% reduction is greater than the on-menu yard setback reduction (which is 20%).
However, regardless of whether the requested incentives are “on-menu” or “off-menu,” under the State Density Bonus law and the City’s Municipal Code, the City can only deny the requested incentives if it can make one or more of the following findings:
• The concession or incentive does not result in identifiable and actual cost reductions, consistent with the definition of “concession” or “incentive,” to provide for affordable housing costs, as defined in Health & Safety Section 50052.5, or for rents for the targeted units to be set as specified in subsection (I);
• The concession or incentive would have a specific, adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households; or
• The concession or incentive would be contrary to state or federal law.
Based on the current record for this project, staff has not yet seen any evidence to support findings to deny the requested incentives.
Public Correspondence
After publication of the November 13, 2018 agenda report, staff received public comments from three individuals regarding this project (Attachment 4). Sue Russell with the League of Women Voters provided input on the project’s proposed affordable units, 4880 El Camino Real developer Peggy Galeb expressed concerns about the project’s side yard setback adjacent to her project and resident Roger Heyder expressed concerns about the project’s parcel merger being inconsistent with the State’s Subdivision Map Act. With regard to parcel mergers and the Subdivision Map Act, a local ordinance is required if the City was seeking to require the involuntary merger of legal parcels. However, the Subdivision Map Act does not prohibit the City from approving the voluntary merger of parcels as long as the appropriate findings are made, and legal instruments are prepared and recorded.
City Council Action
If the Council decides to approve the project, Resolution 2018-42 contains the necessary findings related to the project’s environmental review, design review, use permit, subdivision and affordable housing/density bonus applications (Exhibit A) and appropriate conditions to ensure the project is properly implemented (Exhibit B). If the Council decides to deny the project, specific negative findings will need to be made to support the action. Council will need to articulate which negative findings are being made and an updated resolution to support the action will be provided at the next available Council meeting for adoption.
Subject: Proposed Five-Story, 52-Unit Multiple-Family Building at 4856 El Camino Real November 27, 2018 Page 6
Options
1) Adopt Resolution No. 2018-42
Advantages: The project will replace an underdeveloped commercial property with a highquality residential development that helps the City meet its goals for producing new housing units, both affordable and market rate
Disadvantages: Some existing commercial and office uses will be displaced 2) Make negative findings and deny the project
Advantages: The existing commercial and office uses will be maintained Disadvantages: The City will not make any progress on achieving its goals for the production of new housing units
Recommendation
Consider the updated proposal and take action accordingly.
Density Bonus Report Amendment
4856 & 4846 El Camino Real
Los Altos, CA 94022
This is an amendment to the original Density Bonus Report submitted for this project. That project had a unit mix of 11 3/3's, 30 2/2's and 9 1/1s. The mix is now 9 3/3's, 32 2/2's and 11 1/1. All the original arguments in favor of a split BMR allocation (for sale and rental), still apply. In summary, the developer is offering 10 BMR units, four (4) “for sale” and six (6) rental. In exchange, we’re taking units 407 and 507 (3BR/3BA) and converting them to a mix of 2BR/2BA and 1BR/1BA units with no net increase in building size. This creates a 52-unit building and was done to create smaller units that are more affordable by design.
Density Bonus Analysis
The last application was a 50-unit project with eight (8) BMR units offered, (6) units at very-low and (2) units at moderate income levels. The total size of the proposed 8 BMR units was 7,575 net square feet.
This amendment has 52-units offering ten (10) BMR units that occupy 10,996 net square feet. This is a difference of 3,421 square feet which means all space gained by the 3rd incentive is allocated to BMR housing.
The gains from the encroachment incentives (about 6200sf) were included in the previous BMR allocation.
Ultimately, we’re giving up more space in BMR units than is gained by the incentives.
FOR SALE RENTAL
Moderate Low Very Low
3Bedroom (Units 110 & 210 – 3,138sf) 2
2Bedroom SALE (Units 101 & 307 – 2,477sf) 1 1
2Bedroom RENTAL (Units 105 & 207 – 2,250sf) 2
1Bedroom (Units 209, 302, 402, 502 – 3,131sf) 4
10 Units Overall at 10,996sf 3 1 6
SALE UNITS
The baseline value of the “for sale” 3 bedroom BMR units is $2,629,764. Using $150,250 moderate income for a family of four (30% used for mortgage at 4.92%, 30 yr fixed), means a unit value of $650,000.00. This results in a loss of $1,329,764 for the two 3 bedroom units.
The baseline value of the “for sale” 2 bedroom BMR units is $2,075,726. Using $135,250 moderate income and $84,017 low-income for a family of three (30% used for mortgage at 4.92%, 30 yr fixed), means a unit value of $570,000 and $400,000 respectively. This results in a loss of $1,105,726 for the two 2-bedroom units.
RENTAL UNITS
The baseline value of the 2 bedroom rental BMR units is $1,890,000 and the 1 bedroom rental units is $2,630,040. All are allocated to very low income households and assume two (2) people per 1 bedroom unit and three (3) people per 2 bedroom unit. Current 1BR rent is $977/mo and 2BR is $1087/mo based on HCD rates.
The cumulative net income over 55 years for the 2 bedroom units is $1,069,572 resulting in a net loss to the developer of $820,428. The cumulative income over 55 years for the 1 bedroom units is $5,083,810 resulting in a net loss to the developer of $2,453,770.
Overall losses to the developer for provision of all for BMR sale and rental units is $5,709,618.
ATTACHMENT 1
W D
W D
102
UNIT 2H
103
UNIT 2H
104
UNIT 2D
107
UNIT 2B
110
UNIT 3A
101
UNIT 2C
106
UNIT 2A
108
UNIT 2F
MODERATE
109
UNIT 1B
105
UNIT 2A
VERY LOW
FOR SALE
MODERATE
FOR SALE 202
UNIT 2H
203
UNIT 2H
204
UNIT 2D
201
UNIT 2C
205
UNIT 3B
208
UNIT 2F
209
UNIT 1B
VERY LOW
207
UNIT 2B
VERY LOW
210
UNIT 3A
MODERATE
206
UNIT 1A
FOR SALE
D W 303
UNIT 2H
301
UNIT 2G
305
UNIT 3B
306
UNIT 1A
309
UNIT 1B
308
UNIT 2F
310
UNIT 3A
304
UNIT 2D
312
UNIT 2E
311
UNIT 1C
307
UNIT 2B
LOW
VERY LOW
302
UNIT 1A
W D
D W
W D
503
UNIT 2B
501
UNIT 2G
505
UNIT 3C
506
UNIT 2B
507
UNIT 3D 508
UNIT 3E
504
UNIT 2B
509
UNIT 2E
VERY LOW
502
UNIT 1A
W D
D W
W D
403
UNIT 2B
401
UNIT 2G
405
UNIT 3C
406
UNIT 2B
407
UNIT 3D 408
UNIT 3E
404
UNIT 2B
409
UNIT 2E
402
UNIT 1A
VERY LOW
3361 Walnut Blvd. Suite 120 Brentwood, CA 94513
925.634.7000
www.straussdesign.com
A L T O S O N E
4846 & 4856 El Camino Real
Los Altos, CA
October 11, 2018
L U X O N E L L C
572 Chimalus Dr.
Palo Alto, CA 94306
0 2' 4' 6' 8' 16'
BMR ALLOCATION 52 UNITS
T3B
BELOW MARKET RATE UNITS
FIRST FLOOR:
UNIT 101: MODERATE FOR SALE TYPE 2C +/-1308 SF 2 BEDROOM / 2 BATHROOM UNIT 105: VERY LOW RENTAL TYPE 2A +/-1081 SF 2 BEDRROOM / 2 BATHROOM UNIT 110: MODERATE FOR SALE TYPE 3A +/-1569 SF 3 BEDROOM / 2 BATHROOM SECOND FLOOR:
UNIT 207: VERY LOW RENTAL TYPE 2B +/-1169 SF 2 BEDROOM / 2 BATHROOM UNIT 209: VERY LOW RENTAL TYPE 1B +/- 785 SF 1 BEDRROOM / 1 BATHROOM UNIT 210: MODERATE FOR SALE TYPE 3A +/-1569 SF 3 BEDROOM / 2 BATHROOM THIRD FLOOR:
UNIT 302: VERY LOW RENTAL TYPE 1A +/- 782 SF 1 BEDROOM / 1 BATHROOM UNIT 307: LOW FOR SALE TYPE 2B +/-1169 SF 2 BEDROOM / 2 BATHROOM FOURTH FLOOR:
UNIT 402: VERY LOW RENTAL TYPE 1A +/- 782 SF 1 BEDROOM / 1 BATHROOM FOURTH FLOOR:
UNIT 502: VERY LOW RENTAL TYPE 1A +/- 782 SF 1 BEDROOM / 1 BATHROOM
THIRD FLOOR SECOND FLOOR FIRST FLOOR
FIFTH FLOOR FOURTH FLOOR
1-BEDROOM UNITS
BMR LEGEND
2-BEDROOM UNITS
3-BEDROOM UNITS
52 UNIT BUILDING
3-BEDROOM UNIT TYPE 3D CONVERTED TO:
1-BEDROOM UNIT TYPE 1B
2-BEDROOM UNIT TYPE 2F
3-BEDROOM UNIT TYPE 3D CONVERTED TO:
1-BEDROOM UNIT TYPE 1B
2-BEDROOM UNIT TYPE 2F
Sale Price: $252,774.00
• Gated community; garden setting
• Close to downtown
• Close to golf, hiking & bike trails
• Elevator
• Pool, Hot tub & Gym
• Community Room
• High ceilings
• Move-in in condition
Los Altos Below Market Rate (BMR) Purchase Program
PARC REGENT – A community for ages 55+
One Bedroom BMR Condo For Sale
BMR Program Information:
1. Interested buyers must apply through the Los Altos BMR program • Applicants must submit an application by 4:00pm Friday, December 14th, 2018 with loan pre-approval & supporting documents. For an application packet, please e-mail Palo Alto Housing at [email protected] with subject line Los Altos BMR, or download directly from Palo Alto Housing’s website:
http://pah.community/resources/los-altos/purchase-program/ • Applications accepted for priority ranking purchases
2. Household income limits & deed restrictions apply
• Must be owner occupied during ownership
• Homes must be resold at the BMR price during the restricted period • Maximum household income limits below
Household Size 1 2 3
Max Household Income 120% AMI (moderate income)
Maximum household size is three persons
$111,720 $127,680 $143,640
Maximum household income limits are based on CA’s Department of Housing & Community Development’s *Area Median Income (AMI) assignments for Santa Clara County Prices, terms and financing approvals all contingent on qualifications and are subject to change without notice.
Homes are part of the City of Los Altos’ BMR Program. Program will limit value of the home and to whom it can be resold to.
Tel. 650 321 9709
Fax. 650 321 4341
2595 East Bayshore Road, Suite 200
Palo Alto, CA 94303 pah.community
Resolution No. 2018-42 Page 1
ATTACHMENT 2
RESOLUTION NO. 2018-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS MAKING
FINDINGS, ADOPTING AN EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND APPROVING THE DESIGN REVIEW, USE PERMIT AND SUBDIVISION APPLICATIONS FOR A NEW 52-UNIT MULTIFAMILY PROJECT AT 4856 EL CAMINO REAL WHEREAS, the City of Los Altos received a development application from Mircea Voskerician, LuxOne LLC (Applicant), for a new 52-unit multiple-family residential building at 4846 and 4856 El Camino Real that includes Design Review 18-D-01, Use Permit 18-UP-01 and Subdivision 18-SD-01, referred to herein as the “Project”; and
WHEREAS, said Project is located in the CT District, which allows multiple-family housing as a conditional use at a maximum density of 38 dwelling units per net acre of land; and WHEREAS, said Project has a net site area of 0.72 acres (31,576 square feet), which will allow for a base residential density of 28 dwelling units; and
WHEREAS, the Applicant is offering three moderate income, one low income and six very-low income affordable housing units for sale as part of the Project; and WHEREAS, the Applicant’s proposed unit mix would consist of 35.7 percent of its base density as affordable units, with 21.4 percent of the units affordable at the very-low income level, thereby entitling the project to receive density bonuses and qualifying for incentives, concessions and waivers pursuant to Los Altos Municipal Code Section 14.28.040 and Government Code Section 65915, et seq.; and
WHEREAS, the Applicant is seeking incentives under Government Code Section 65915(e) and Los Altos Municipal Code Section 14.28.040(F) to allow: a) a building with a primary height of 58 feet and a height of 35 feet for the rear portion, where the Code allows for 45 feet and 30 feet, respectively; and b) a rear yard setback of 60 feet for the five-story portion of the building, where the Code requires a rear yard setback of 100 feet; and
WHEREAS, the Applicant is seeking further waivers under Government Code Section 65915(e) and Los Altos Municipal Code Section 14.28.040(H) to allow: a) the elevator tower to be 17.9 feet above the roof, where the Code allows such structures to be 12 feet above the roof; and b) enclosed roof top structures at 4.6 percent of the roof area, where the Code limits such structures to four percent of the roof area; and
WHEREAS, the Applicant is seeking a parking requirement alteration under Government Code Section 65915(e) and Los Altos Municipal Code Section 14.28.040(G) to allow for a reduction in the minimum onsite parking requirement; and
WHEREAS, the Applicant is seeking a 82.5 percent density bonus and the above-described incentives and waivers to allow development of the Project pursuant to Government Code 65915 and Los Altos Municipal Code Section 14.28.040(E)(7), which allows the City to grant a density bonus
Resolution No. 2018-42 Page 2
ATTACHMENT 2
greater than the 35 percent provided as of right for projects providing more than 11 percent of its units as affordable at the very-low income level; and
WHEREAS, said Project is exempt from environmental review as in-fill development in accordance with Section 15332 of the California Environmental Quality Act of 1970 as amended (“CEQA”); and WHEREAS, said Project has been processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, on May 23, 2018, the Complete Streets Commission held a public meeting on the Project and at the conclusion of the meeting voted to recommend approval to the Planning Commission and City Council; and
WHEREAS, on August 14, 2018 the Applicant installed story poles on the site per the modified story pole plan that was approved by the City Council on May 8, 2018; and WHEREAS, on September 4, 2018 the City gave public notice of the Planning Commission’s public hearing on the proposed Project by advertisement in a newspaper of general circulation and to all property owners within a 500-foot radius; and
WHEREAS, on September 20, 2018, the Planning Commission conducted a duly-noticed public hearing at which members of the public were afforded an opportunity to comment upon the Project, and at the conclusion of the hearing, the Planning Commission recommended that the City Council approve the Project; and
WHEREAS, on November 13, 2018 and November 27, 2018, the City Council held duly noticed public meetings as prescribed by law and considered public testimony and evidence and recommendations presented by staff related to the Project; and WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the regulations and policies of the City of Los Altos have been satisfied or complied with by the City in connection with the Project; and
WHEREAS, the findings and conclusions made by the City Council in this Resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record for the proposed Project, which is incorporated herein by this reference. The findings are not based solely on the information provided in this Resolution; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
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NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby approves the Project subject to the findings and the conditions of approval attached hereto as “Exhibit A” and “Exhibit B,” and incorporated by this reference.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 27th day of November 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Jean Mordo, MAYOR
Attest:
_____________________________
Jon Maginot, CMC, CITY CLERK
Resolution No. 2018-42 Page 4
ATTACHMENT 2
EXHIBIT A
FINDINGS
1. ENVIRONMENTAL REVIEW FINDINGS. With regard to environmental review, in accordance with Section 15332 of the California Environmental Quality Act Guidelines, based on the whole record before it, including, without limitation, the analysis and conclusions set forth in the staff reports, testimony provided at the proposed Project’s public hearings, and the supporting technical studies, which include: 1) a Traffic Analysis by Hexagon Transportation Consultants (May 2018); 2) an Air Quality and Greenhouse Gas Emissions Assessment (March 2018); 3) a Noise Study by Wilson Ihrig (March 2018); and 4) an Arborist Report by Kielty Arborist Services (April 2018), the City Council finds and determines that the following Categorical Exemption findings can be made:
a. The Project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with the applicable zoning designation (Commercial Thoroughfare) and regulations, including density bonus, incentives and waivers for the production of affordable housing;
b. The Project occurs within City limits on a site of no more than five acres that is substantially surrounded by urban uses and there is no record that the site has value as habitat for endangered, rare or threatened species;
c. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the completed technical studies and staff analysis contained in the agenda report support this conclusion; and
d. The Project has been reviewed and it is found that the site can be adequately served by all required utilities and public services.
2. DESIGN REVIEW FINDINGS. With regard to Design Review Application 18-D-01, the City Council finds, in accordance with Section 14.76.060 of the Los Altos Municipal Code, as follows:
a. The Project meets the goals, policies and objectives of the General Plan with its level of intensity and residential density within the El Camino Real corridor, and all Zoning Code site standards and design criteria applicable for a project in the CT District; b. The Project has architectural integrity and has an appropriate relationship with other structures in the immediate area in terms of height, bulk and design because the project utilizes high quality materials that support its architectural style and is appropriately articulated and scaled to relate to the larger buildings on the El Camino Real corridor; c. Building mass is articulated to relate to the human scale, both horizontally and vertically as evidenced in the design of the projecting overhangs, bay windows and balconies, the building elevations have variation and depth and avoid large blank wall surfaces, and the project has incorporated elements that signal habitation, such as identifiable entrances, overhangs, bay windows and balconies;
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ATTACHMENT 2
d. The Project’s exterior materials and finishes convey high quality, integrity, permanence and durability, and materials are used effectively to define building elements. Materials, finishes, and colors have been used in a manner that serves to reduce the perceived appearance of height, bulk and mass, and are harmonious with other structures in the immediate area. e. Landscaping such as the large specimen coral bark maple trees, Brisbane box street trees, Saratoga laurel evergreen screening trees, hedges and groundcover is generous and inviting, and landscape and hardscape features such as the custom paver walkway, board formed concrete planters and wood privacy fences are designed to complement the building and parking areas and to be integrated with the building architecture and the surrounding streetscape. Landscaping includes substantial street tree canopy including four new street trees in the public right-of-way, four new specimen coral bark maple trees in the front yard space and 11 new trees along the site perimeter;
f. Signage, which is limited to the building address number and other required directional signage, will be designed to complement the building architecture in terms of style, materials, colors and proportions;
g. Mechanical equipment is screened from public view by the building parapet and is designed to be consistent with the building architecture in form, material and detailing; and h. Service, trash and utility areas are screened from public view by their locations in the building garage and behind fencing in the side yards, and consistent with the building architecture in materials and detailing.
3. USE PERMIT FINDINGS. With regard to Use Permit 18-UP-01, the City Council finds, in accordance with Section 14.80.060 of the Municipal Code, as follows:
a. The proposed location of the multiple-family residential use is desirable and essential to the public comfort, convenience, prosperity, and welfare in that there are a limited number of sites that can accommodate new housing, the CT District has anticipated and planned for new housing along the El Camino Real corridor and the project provides housing at a variety of affordability levels;
b. That the proposed location of the multiple-family residential use is in accordance with the objectives of the Zoning Code since the project provides for community growth along sound lines, it is harmonious and convenient in relation to the surrounding land uses, it does not create any significant traffic impacts, it will help the City meet its affordable housing goals, it will protect and enhance property values and it will enhance the City’s distinctive character with a high-quality building design in a commercial thoroughfare context; c. That the proposed location of the multiple-family residential use, under the circumstances of the particular case and as conditioned, will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity; and
d. That the proposed multiple-family residential use complies with the regulations prescribed for the CT District and the general provisions contained in Chapter 14.02.
Resolution No. 2018-42 Page 6
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4. SUBDIVISION FINDINGS. With regard to Subdivision 18-SD-01, the City Council finds, in accordance with Section 66474 of the Subdivision Map Act of the State of California, as follows:
a. The proposed condominium subdivision is consistent with the General Plan; b. The Project site is physically suitable for this type and density of development in that the project meets all applicable Zoning requirements except where a density bonus, incentives and/or waivers have been granted;
c. The design of the condominium subdivision and the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife; and no evidence of such has been presented;
d. The design of the condominium subdivision is not likely to cause any serious public health problems because conditions have been added to address noise, air quality and life safety concerns; and
e. The design of the condominium subdivision will not conflict with any public access easements as none have been found or identified on this site.
5. AFFORDABLE HOUSING AND DENSITY BONUS FINDINGS. With regard to the offered below market rate units and requested density bonus, incentives, waivers and parking requirement alteration, the City Council finds, in accordance with Los Altos Municipal Code Section 14.28.040, as follows:
a. The applicant is offering three moderate income units and one low income unit for sale and six very-low income affordable housing units for rent, 35.7 percent of the Project’s base density, which qualifies the project for a density bonus, incentives, waivers and a parking requirement alteration;
b. Per Table DB 3 in Section 14.28.040(C)(1)(b), a project that offers 11 percent or more of its total units (base density) as very-low income restricted affordable units shall be granted a density bonus of 35 percent, and per Table DB 4 in Section 14.28.040(C)(1)(b), a project that offers 15 percent or more of its total units (base density) as very-low income restricted affordable units shall be granted three (3) incentives. Since the project is providing 21.4 percent of its total units as affordable at the very-low income level, the City shall grant a density bonus of at least 35 percent and three (3) incentives;
c. For its incentives, the project is requesting the City allow: a) a building with a primary height of 58 feet and a height of 35 feet for the rear portion, where the Code allows for 45 feet and 30 feet, respectively; and b) a rear yard setback of 60 feet for the five-story portion of the building, where the Code requires a rear yard setback of 100 feet. The height incentive is considered an “off-menu” incentive and the rear yard setback incentive is considered two (2) “on-menu” incentives (20 percent decrease in a setback); d. Per Section 14.28.040(G)(2)(a), the City shall allow a minimum parking requirement, inclusive of handicapped and guest parking, of one (1) onsite parking space for each one-bedroom unit
Resolution No. 2018-42 Page 7
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and two (2) onsite parking spaces for each two- or three-bedroom unit if requested by the applicant. Since the project is providing 108 onsite parking spaces, where a minimum of 91 onsite parking spaces is required, it is exceeding the minimum permitted by the Code; e. Per Section 14.28.040(H)(1), a project can request a waiver or reduction of development standards that have the effect of physically precluding the construction of a development in addition to the density bonus and incentives permitted by the Code. Consistent with these requirements, the Applicant is seeking waivers to allow: a) the elevator tower to be 17.9 feet above the roof, where the Code allows such structures to be 12 feet above the roof; and b) enclosed roof top structures at 4.6 percent of the roof area, where the Code limits such structures to four percent of the roof area. The basis to grant the waivers is supported by the fact that they are required in order to provide the necessary amenities and accessibility for a building of this size and density, they will not have a specific, adverse impact upon health, safety, or the physical environment, they will not have an adverse impact on any listed historic resources and will not be contrary to state or federal law; and f. Per Section 14.28.040(E)(7), the City is permitted to grant a density bonus greater than the 35 percent. Per consultation with City staff, the City Council and Planning Commission, the Applicant is requesting a 82.5 percent density bonus, which will allow for the development of 52 dwelling units in the project. Granting of this density bonus is supported by the fact that the project is offering of 35.7 percent of its total units as affordable at the moderate, low and very-low income levels. The granting of the density bonus is further supported by the fact that the project is exceeding the minimum thresholds prescribed by the Zoning Code with regard to onsite parking, side yard setbacks, open space (both private and common), and bicycle parking. Information to support the density bonus is provided in the Density Bonus Report, which is included with the Project’s staff report.
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ATTACHMENT 2
EXHIBIT B
CONDITIONS
GENERAL
1. Approved Plans
The project approval is based upon the Plans dated July 18, 2018, the Supplemental Plans dated October 15, 2018 and the Density Bonus Report Amendment received on November 19, 2018, except as modified by these conditions.
2. Affordable Housing
The applicant shall offer the City ten (10) below market rate units as follows:
a. Two (2) three-bedroom unit at the moderate income level for sale; b. One (1) two-bedroom unit at the moderate income level for sale; c. One (1) two-bedroom unit at the low income level for sale; d. Two (2) two-bedroom units at the very-low income level for rent; and e. Four (4) one-bedroom units at the very-low income level for rent;
3. Upper Story Lighting
Any exterior lighting above the ground floor on the sides and rear of the building and on the rooftop deck shall be shrouded and/or directed down to minimize glare.
4. Encroachment Permit
An encroachment permit and/or an excavation permit shall be obtained prior to any work done within the public right-of-way and it shall be in accordance with plans to be approved by the City Engineer. Note: Any work within El Camino Real will require applicant to obtain an encroachment permit with Caltrans prior to commencement of work.
5. Public Utilities
The applicant shall contact electric, gas, communication and water utility companies regarding the installation of new utility services to the site.
6. Americans with Disabilities Act
All improvements shall comply with Americans with Disabilities Act (ADA).
7. Stormwater Management Plan
The applicant shall submit a complete Stormwater Management Plan (SWMP) and a hydrology calculation showing that 100% of the site is being treated; is in compliance with the Municipal Regional Stormwater NPDES Permit (MRP). Applicant shall provide a hydrology and hydraulic study, and an infeasible/feasible comparison analysis to the City for review and approval for the purpose to verify that MRP requirements are met.
8. Sewer Lateral
Any proposed sewer lateral connection shall be approved by the City Engineer.
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ATTACHMENT 2
9. Transportation Permit
A Transportation Permit, per the requirements specified in California Vehicle Code Division 15, is required before any large equipment, materials or soil is transported or hauled to or from the construction site.
10. Indemnity and Hold Harmless
The applicant/owner agrees to indemnify, defend, protect, and hold the City harmless from all costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of the City in connection with the City’s defense of its actions in any proceedings brought in any State or Federal Court, challenging any of the City’s action with respect to the applicant’s project.
PRIOR TO SUBMITTAL OF BUILDING PERMIT
11. Green Building Standards
The applicant shall provide verification that the project will comply with the City’s Green Building Standards (Section 12.26 of the Municipal Code) from a qualified green building professional.
12. Property Address
The applicant shall provide an address signage plan as required by the Building Official.
13. Water Efficient Landscape Plan
Provide a landscape documentation package prepared by a licensed landscape professional showing how the project complies with the City’s Water Efficient Landscape Regulations.
14. Air Quality Mitigation
The applicant shall implement and incorporate the air quality mitigations into the plans as required by the report prepared by Illingsworth & Rodin, Inc., dated March 6, 2018.
15. Noise Mitigation
The applicant shall implement and incorporate the noise mitigation measures into the plans as required by the report by Wilson Ihrig, dated March 6, 2018.
16. Rooftop Deck
Provide design details for the rooftop deck sufficient enough to verify that the space can operate in compliance with the performance standards prescribed by Municipal Code Section 14.50.160.
PRIOR TO FINAL MAP RECORDATION
17. Covenants, Conditions and Restrictions
The applicant shall include the following provisions in the Covenants, Conditions and Restrictions (CC&Rs):
a. Storage on private patios and decks shall be restricted; and rules for other objects stored on private patios and decks shall be established with the goal of minimizing visual impacts. b. Long-term maintenance and upkeep of the landscaping and street trees, as approved by the City, shall be a duty and responsibility of the property owners. Specifically, the landscape buffer, including both trees and landscaping, along the rear property line shall be permanently maintained as required by the CT District per Municipal Code Section 14.50.110(C).
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c. The rooftop deck shall be permanently maintained in accordance with the performance standards for Rooftop Uses in the CT District as currently prescribed by Municipal Code Section 14.50.160.
d. Both parking spaces in a tandem space shall be owned by the same unit and cannot be owned or used by separate units.
18. Public Utility Dedication
The applicant shall dedicate public utility easements as required by the utility companies to serve the site.
19. Payment of Fees
The applicant shall pay all applicable fees, including but not limited to sanitary sewer impact fees, parkland dedication in lieu fees, traffic impact fees and map check fee plus deposit as required by the City of Los Altos Municipal Code.
PRIOR TO ISSUANCE OF BUILDING PERMIT
20. Final Map Recordation
The applicant shall record the final map. Plats and legal descriptions of the final map shall be submitted for review by the City Land Surveyor. Applicant shall provide a sufficient fee retainer to cover the cost of the map review by the City.
21. Sidewalk Lights
The applicant shall maintain the existing light fixture and/or install new light fixture(s) in the El Camino Real sidewalk as directed by the City Engineer.
22. Performance Bond
The applicant shall submit a cost estimate for the improvements in the public right-of-way and shall submit a 100-percent performance bond and 50-percent labor and material bond (to be held 6 months until acceptance of improvements) for the public right-of-way work.
23. Maintenance Bond
A one-year, ten-percent maintenance bond shall be submitted upon acceptance of improvements in the public right-of-way.
24. Storm Water Filtration Systems
The applicant shall insure the design of all storm water filtration systems and devices are without standing water to avoid mosquito/insect infestation.
25. Grading and Drainage Plan
The applicant shall submit detailed plans for on-site and off-site grading and drainage plans that include drain swales, drain inlets, rough pad elevations, building envelopes, and grading elevations for review and approval by the City Engineer.
26. Sewage Capacity Study
The applicant shall show sewer connection to the City sewer main and submit calculations showing that the City’s existing 27-inch sewer main will not exceed two-thirds full due to the additional sewage capacity from proposed project. For any segment that is calculated to exceed
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ATTACHMENT 2
two-thirds full for average daily flow or for any segment that the flow is surcharged in the main due to peak flow, the applicant shall upgrade the sewer line or pay a fair share contribution for the sewer upgrade to be approved by the City Engineer.
27. Construction Management Plan
The applicant shall submit a construction management plan for review and approval by the Community Development Director and the City Engineer. The construction management plan shall address any construction activities affecting the public right-of-way, including but not limited to excavation, traffic control, truck routing, pedestrian protection, material storage, earth retention and construction vehicle parking. The plan shall provide specific details with regard to how construction vehicle parking will be managed to minimize impacts on nearby single-family neighborhoods. A Transportation Permit, per the requirements in California Vehicle Code Division 15, is required before any large equipment, materials or soil is transported or hauled to or from the site.
28. Sewer Lateral Abandonment
The applicant shall abandon additional sewer laterals and cap at the main if they are not being used. A property line sewer cleanout shall be installed within 5-feet of the property line within private property.
29. Solid Waste Ordinance Compliance
The applicant shall be in compliance with the City’s adopted Solid Waste Collection, Remove, Disposal, Processing & Recycling Ordinance (LAMC Chapter 6.12) which includes a mandatory requirement that all commercial and multi-family dwellings provide for recycling and organics collection programs.
30. Solid Waste and Recyclables Disposal Plan
The applicant shall contact Mission Trail Waste Systems and submit a solid waste and recyclables disposal plan indicating the type, size and number of containers proposed, and the frequency of pick-up service subject to the approval of the Engineering Division. The applicant shall also submit evidence that Mission Trail Waste Systems has reviewed and approved the size and location of the proposed trash enclosure. The enclosure shall be designed to prevent rainwater from mixing with the enclosure's contents and shall be drained into the City’s sanitary sewer system. The enclosure's pad shall be designed to not drain outward, and the grade surrounding the enclosure designed to not drain into the enclosure. In addition, applicant shall show on plans the proposed location of how the solid waste will be collected by the refusal company. Include the relevant garage clearance dimension and/or staging location with appropriate dimensioning on to plans.
31. Tree Protection
The applicant shall implement and incorporate the tree protection measures into the plans and on-site as required by staff and in accordance with the report by Kielty Arborist Services dated April 30, 2018. The project arborist shall also provide periodic monitoring of the construction site, as required by Planning staff, to ensure that the redwood trees along the rear property line are being properly protected and maintained.
32. Affordable Housing Agreement
The applicant shall execute and record an Affordable Housing Agreement, in a form approved and signed by the Community Development Director and the City Attorney, that offers 10 below
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market rate units, for a period of at least 55-years, as defined in Condition No. 2. All of the below market rate units shall be constructed concurrently with the market rate units, shall be dispersed throughout the project as shown on the approved plans, and shall not be significantly distinguishable design, construction or materials.
PRIOR TO FINAL OCCUPANCY
33. Green Building Verification
The applicant shall submit verification that the structure was built in compliance with the California Green Building Standards pursuant to Section 12.26 of the Municipal Code.
34. Signage and Lighting Installation
The applicant shall install all required signage and on-site lighting per the approved plan. Such signage shall include the disposition of guest parking, the turn-around/loading space in the front yard and accessible parking spaces.
35. Acoustical Report
The applicant shall submit a report from an acoustical engineer ensuring that the rooftop mechanical equipment meets the City’s noise regulations.
36. Landscape Installation and Verification
Provide a landscape Certificate of Completion, signed by the project’s landscape professional and property owner, verifying that the trees, landscaping and irrigation were installed per the approved landscape documentation package.
37. Condominium Map
The applicant shall record the condominium map as required by the City Engineer.
38. Driveway Visibility
The applicant shall work with the Engineering Division to indicate a sufficient no parking area along El Camino Real to the north of the driveway to provide adequate sight visibility.
39. Sidewalk in Public Right-of-Way
The applicant shall install new sidewalk, vertical curb/gutter, and driveway approaches along the property’s full frontage of El Camino Real as required by the City Engineer.
40. Public Infrastructure Repairs
The applicant shall repair any damaged right-of-way infrastructures and otherwise displaced curb, gutter and/or sidewalks and City’s storm drain inlet shall be removed and replaced as directed by the City Engineer or his designee. The applicant is responsible to resurface (grind and overlay) half of the street along the frontage of El Camino Real if determined to be damaged during construction, as directed by the City Engineer or his designee. Note: Any work within the El Camino Real will require applicant to obtain encroachment permit with Caltrans prior to commencement of work.
41. SWMP Certification
The applicant shall have a final inspection and certification done and submitted by the Engineer who designed the SWMP to ensure that the treatments were installed per design. The applicant shall submit a maintenance agreement to City for review and approval for the stormwater
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treatment methods installed in accordance with the SWMP. Once approved, City shall record the agreement.
AGENDA REPORT SUMMARY
DISCUSSION CALENDAR
Agenda Item # 5
Meeting Date: November 13, 2018
Subject: Proposed Five-Story, 50-Unit Multiple-Family Building at 4856 El Camino Real Prepared by: Zachary Dahl, Planning Services Manager
Reviewed by: Jon Biggs, Community Development Director
Approved by: Chris Jordan, City Manager
Attachment(s):
1. Resolution No. 2018-42
2. Applicant Cover Letter (received with November 13, 2018 Agenda Packet)
3. Planning Commission Meeting Minutes, September 20, 2018 (received with November 13, 2018 Agenda Packet)
4. Planning Commission Agenda Report, September 20, 2018 (received with November 13, 2018 Agenda Packet)
5. Public Correspondence (received with November 13, 2018 Agenda Packet)
6. Project Design Revisions Supplemental Plans (received with November 13, 2018 Agenda Packet)
7. Full Project Plans
Initiated by:
Applicant and Owner – Mircea Voskerician, LuxOne LLC
Previous Council Consideration:
• January 16, 2018 (City Council-Planning Commission Joint Study Session) • May 8, 2018 (Story Pole Exemption Request)
• July 10, 2018 (Story Pole Exemption Request)
Fiscal Impact:
The project will result in the following estimated financial contributions to the City:
• Park in-Lieu Fees: $1,775,000 ($35,500/multiple-family dwelling unit) • Traffic Impact Fees: $207,950 ($4,159/multiple-family dwelling unit) Environmental Review:
The project is exempt from environmental review as in-fill development in accordance with Section 15332 of the California Environmental Quality Act of 1970 as amended.
Policy Question(s) for Council Consideration:
• Is the proposal of the eight (8) affordable (below market rate) units in exchange for a density bonus, incentives, waivers and parking requirement alteration consistent with State Law and the City’s Affordable Housing Ordinance?
ATTACHMENT 3
Subject: Proposed Five-Story, 50-Unit Multiple-Family Building at 4856 El Camino Real November 13, 2018 Page 2
• Does the proposal meet the required findings for design review, a use permit and subdivision per the Los Altos Municipal Code?
Summary:
• This is a development proposal for a new five-story, multiple-family residential building with 50 condominium units, a rooftop common area and a two-level underground parking garage • The proposal is offering two moderate-income and six very-low-income affordable housing units for sale, 28.6 percent of the Project’s base density, which qualifies the project for a density bonus, incentives, waivers and a parking requirement alteration. The proposal is seeking a
75.25 percent density bonus, development incentives to allow for increased height and a reduced rear yard setback, waivers to allow for a taller elevator tower and larger area for rooftop structures, and a reduction in the minimum onsite parking requirement • The Complete Streets Commission and the Planning Commission have reviewed the proposal at public meetings and recommend approval of the project Planning Commission / Staff Recommendation:
Adopt Resolution No. 2018-42, which will approve Design Review application 18-D-01, Use Permit application 18-UP-01 and Subdivision application 18-SD-01 for a new 50-unit multiple-family development at 4856 El Camino Real
Subject: Proposed Five-Story, 50-Unit Multiple-Family Building at 4856 El Camino Real November 13, 2018 Page 3
Purpose
Consider the recommendation from the Planning Commission and take action on the development application, which includes design review, a use permit and a tentative map for a new five-story, 50- unit multiple-family condominium building at 4856 El Camino Real.
Background
Site Setting
The existing site, which includes two parcels, is designated as a “Thoroughfare Commercial” land use in the General Plan and Zoned CT (Commercial Thoroughfare). The site is 31,576 square feet (0.73 acres) in size and includes an existing one-story commercial building currently occupied with office uses at 4846 El Camino Real and a two-story mixed-use building with personal service and office uses at 4856 El Camino Real. It is adjacent to commercial uses to the northwest and across El Camino Real to the northeast, and multiple-family uses to the southwest (two-story apartment buildings) and southeast (new condominiums currently under construction).
El Camino Real Moratorium
The project was originally scheduled for a Planning Commission study session on October 6, 2016.
However, on October 4, 2016, the City Council held a special meeting to adopt an urgency ordinance to establish a temporary moratorium on development within the El Camino Real corridor. On November 15, 2016, the City Council extended the moratorium on development within the El Camino Real corridor for an additional four months in order to review the zoning regulations and design standards along El Camino Real. On March 14, 2017, the City Council extended the moratorium an additional eight months in order to continue their review of changes and updates to the zoning regulations. Subsequently, the City adopted Zoning Code amendments related to the site standards for the CT District (Ordinance No. 2017-436) and affordable housing (Ordinance No. 2017-435). On November 15, 2017, the moratorium expired and the development proposal on the project site was allowed to proceed again.
City Council-Planning Commission Joint Study Session
On January 16, 2018, the City Council held a joint study session with the Planning Commission to consider, among other things, a proposal from the Applicant to evaluate two alternative designs for the multiple-family project on the site. Both projects would be five-stories and similar in overall size, but one would require a density bonus over 35 percent and offer the City additional affordable units.
The first proposal included 38 units with five (5) affordable units, utilizing a 35-percent density bonus with mostly two- and three-bedroom units. The second proposal included 50 units with eight (8) affordable units, utilizing a 75.25 percent density bonus with an increased number of one- and twobedroom units and fewer three-bedroom units. Following a presentation by the Applicant and public comment, the Council and Commission discussed the proposals, with a consensus of both bodies expressing support for the higher density proposal since it would provide the City with additional
Subject: Proposed Five-Story, 50-Unit Multiple-Family Building at 4856 El Camino Real November 13, 2018 Page 4
affordable units and reduce the average size of all the units in the project; thus, making them more affordable by design.
Planning Commission Study Session
On April 19, 2018, the Planning Commission held a study session to review and provide feedback on the project’s architectural and site design. Overall, the Commission, with only four members present, expressed general support for the project design, but noted that it should consider an improved mix of exterior materials, reduce the amount of stucco used, make sure landscaping along the side property lines was shade tolerant, and consider a different mix of exterior colors. A copy of the Planning Commission study session minutes is included with the Planning Commission agenda report.
Complete Streets Commission
On May 23, 2018, the Complete Streets Commission held a public meeting to consider the Project.
As specified by the Zoning Code, the Commission is tasked with reviewing the bicycle, pedestrian, parking and traffic elements of a development application and providing an advisory recommendation to the Planning Commission and City Council. The Commission expressed general support for the Project, but noted concern about the project increasing traffic on nearby side streets, potential parking spill-over on nearby residential streets and an increase in traffic on streets like Jordan Avenue, potentially creating an unsafe path for school kids. The Commission also expressed concern that the project’s bike parking was underestimated, even though it significantly exceeded VTA’s bicycle parking guidelines. Following the discussion, the Commission voted unanimously to recommend approval of the project to the Planning Commission and City Council. A copy of the Complete Streets Commission meeting minutes is included in the Planning Commission agenda report.
Story Pole Exemption and Installation
On May 8, 2018, the City Council held a public meeting to consider a request from the Applicant for an exemption from the City’s Story Pole Policy due to safety concerns and impairment of the use of the existing structures on the site. The exemption request proposed a modified story pole plan that installed some, but not all, of the story poles required by the Policy. Following a discussion with the Applicant, the Council voted to approve the exemption request with the modified story pole plan.
On July 10, 2018, due to complications with the story pole installation, the Applicant returned to City Council and requested a full exemption from the City’s Story Pole Policy. Following a discussion with the Applicant, the Council voted to deny the exemption request and directed staff to require the modified story pole plan be implemented before the project was scheduled for review by the Planning Commission.
On August 15, 2018, staff received a certification letter from the project’s civil engineer verifying that the story poles had been installed per the approved plan. A copy of the certification letter and the approved story pole plan is included in the Planning Commission agenda report.
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Planning Commission
On September 20, 2018 the Planning Commission held a public hearing to consider the Project.
Following a presentation from the Applicant and project architect, Jeff Potts, and comments from one member of the public who expressed support, the Commission discussed the proposal. The Commission expressed general support for the Project, noting that the design had significantly improved to address past comments, the project plans and support information was very thorough and comprehensive, and the amount of onsite parking, bicycle parking and open space significantly exceed the minimum requirements. However, some concerns were raised regarding the mix of exterior materials, the amount of stucco that was proposed and that the number of affordable units may not justify the density bonus request. After the discussion, the Commission voted 6-1 to recommend approval of the Project with following additional recommendations:
• The exterior design should be updated to address the Planning Commission’s concerns and come back to the Commission for final approval prior to submittal of a building permit; • Consider increasing the size and/or number of bedrooms in the BMR units and modifying income levels to best meet the City’s needs of for-sale BMR units; • Add a finding that notes additional project amenities, such as parking ratio, significant amount of open space, bike parking, and larger side yard setback, contributed to approval of the 75% density bonus; and
• The Construction Management Plan should outline how construction parking impacts on the nearby neighborhood will be minimized.
The Planning Commission meeting minutes and agenda report are attached for reference (Attachments 3 and 4).
Discussion/Analysis
Design Revisions
In response to the comments made by the Planning Commission, the Applicant made the following revisions to the Project:
• The size of the smallest one-bedroom affordable unit was increased by replacing unit 502, a 782 square-foot unit on the fifth floor, with unit 311, a 902 square-foot unit on the third floor; • All foam window trim was removed, and the windows were recessed into the wall plane; • The board formed concrete façade on the planters and lower walls was revised to be clad with tan/brown Equitone, a cement panel exterior cladding material, to improve the building’s aesthetic and be more compatible with the other exterior materials; • The Equitone cladding was also used to replace some of the stucco walls to reduce the amount of stucco used on the building;
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• The front entrance façade was revised to improve the design composition and breakup the appearance of it being a large glass storefront; and
• The design of the upper floor of the building was revised to include additional transom windows and lighter elements to avoid any perception of excessive bulk at the top of the building.
The applicant’s cover letter (Attachment 2) provides additional information about the project revisions and the Supplemental Plans (Attachment 6) illustrate how the changes will be incorporated into the project. The full set of plans reviewed by the Planning Commission is included as Attachment 7.
Planning Commission Recommendations
To address the recommendations from the Planning Commission, Resolution No. 2018-42 has been updated to include a finding that notes the additional project amenities, such as parking ratio, significant amount of open space, bike parking, and larger side yard setback, contribute to approval of the 75.25 percent density bonus, and the Constriction Management Plan condition (No. 27) has been updated to ensure that construction vehicle parking will be managed to minimize impacts on nearby single-family neighborhoods.
With regard to increasing the size and/or number of bedrooms in the affordable units and modifying income levels to best meet the City’s needs of for-sale affordable units, the applicant has upgraded the size of one of the one-bedroom affordable units. However, beyond that, it is up to the Council to determine if the proposed number, size and bedroom mix of affordable units is appropriate to support the density bonus request.
With regard to the Commission’s recommendation that the exterior design should be updated to address their concerns and come back to the Commission for final approval prior to submittal of a building permit, the applicant has updated the exterior design of the project in an attempt to address the Commission’s concerns. The Council should determine whether the design revisions are sufficient to address the issues raised by the Commission or if the project should be conditioned to go back to the Planning Commission for final exterior design approval. If the project is directed to go back to the Commission for final exterior design approval, the Council should provide direction on what exterior elements should be revised or updated.
Affordable Housing - Density Bonus and Development Incentives The project exceeds the City’s affordable housing regulations by providing eight (8) affordable housing units, where three (3) are required. Chapter 14.28 of the Municipal Code requires at least 10 percent of the units be affordable at the moderate and low/very-low income levels1 . Since the base density for
1 Because the project application was deemed complete on June 8, 2018, it is not subject to the City’s recently adopted 15 percent affordable housing requirement, which went into effect on October 26, 2018.
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the project is 28 dwelling units, the project must provide 2.8 (rounded up to three) affordable units.
By providing two (2) moderate income units and one (1) very-low income unit, the project is in compliance with the City’s Affordable Housing Ordinance.
Housing Element program 4.3.2 requires that affordable housing units generally reflect the size and number of bedrooms of the market rate units. In this case, the overall project is proposing nine (9) one-bedroom units, 30 two-bedroom units and 11 three-bedroom units. Of this unit mix, one (1) three-bedroom unit is designated affordable at the moderate income level, one (1) two-bedroom unit is proposed at the moderate income level and six (6) one-bedroom units are proposed at the very-low income level. While the mix of affordable units incorporates a larger number of one-bedroom units than the average of the market rate units, given the high percentage of overall affordable units proposed, it appears that this mix of affordable housing meets the intent of the program. However, as noted above, the Planning Commission recommended that the Council consider increasing the size and/or bedrooms in the affordable units and modifying income levels to best meet the City’s needs of for-sale affordable units.
Under the State’s density bonus regulations (Section 65915 of the California Government Code) and the City’s Affordable Housing Ordinance (Zoning Code Chapter 14.28), the project qualifies for a density bonus if it provides at least five percent very-low income units. With six (6) affordable units at the very-low income level and two (2) affordable units at the moderate level, the project is providing a total of 28.6 percent of its base density as affordable, with 21.4 percent of the units affordable at the very-low income level. Since providing 11 percent very-low income units would entitle the project to receive a 35 percent density bonus, staff believes it is reasonable to consider affording a project such as this, with a substantially higher percentage of very-low income units, with a density bonus that exceeds the maximum the City would be required to allow under State law or the City’s Affordable Housing Ordinance. Both State law and the City’s Ordinance allow for the City to grant a density bonus over 35 percent if an appropriate number of additional affordable units are proposed. In this case, the Applicant is seeking a density bonus of 75.25 percent in exchange for the above-mentioned mix of affordable units. Specifically, Los Altos Municipal Code Section 14.28.040(E)(7) provides for “optional density bonuses,” allowing the City to grant a density bonus greater than the percentage the project is entitled to as of right. The granting of the density bonus is further supported by the fact that the project is exceeding the minimum thresholds prescribed by the Zoning Code regarding onsite parking, side yard setbacks, open space (both private and common), and bicycle parking. Information to support the density bonus request is provided in the Applicant’s Density Bonus Report, which is included in the Planning Commission agenda report.
In addition to the density bonus, since the project is providing more than 15 percent of its units as affordable at the very-low income level, it qualifies for three development incentives per State law and City Ordinance. To help guide incentives requested by developers and ensure that the incentives do not result in any adverse impacts, the City adopted a list of on-menu incentives or concessions.
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However, per State law and City Ordinance, a project may still request any incentive or concession that the applicant deems appropriate in exchange for the affordable units being provided (off-menu).
In this case, the applicant is seeking a height incentive to allow the project to exceed the maximum height limit of 45-feet by 13-feet (off-menu) and to reduce the rear yard setback incentive for the upper floors of the building from 100 feet to 60 feet. Because the rear yard setback is being reduced by 40 percent, the request constitutes two on-menu (20 percent reduction) incentives.
The project is also seeking two waivers, which are considered more minor in nature, are necessary to construct the project and do not require use of an incentive or concession. In this case, the project is seeking a waiver for the height of its elevator tower to go beyond the 12-foot limit since there are no elevators commercially available that can comply with the 12-foot height limit for a building of this height. The project is also seeking a waiver to allow the size of the rooftop structures that enclose the elevator, stairways and trash chutes to exceed the maximum four percent threshold by 0.6 percent.
Both of these waiver requests appear appropriate and reasonable for a project of this size and scope.
The project also qualifies for a parking requirement alteration per the City’s Affordable Housing Ordinance. For projects that qualify for a density bonus, the minimum parking requirement, inclusive of handicapped and guest parking, shall be one onsite parking space for each one-bedroom unit and two onsite parking spaces for each two- or three-bedroom unit, if requested by the applicant. Since the project is providing 108 onsite parking spaces, where a minimum of 91 onsite parking spaces is required, it is exceeding the minimum permitted by the Code.
Under State law and City Ordinance, the City must give deference to the Applicant on granting the requested incentives and waivers unless it can make one or more of the following findings:
• The concession or incentive does not result in identifiable and actual cost reductions, consistent with the definition of "concession" or "incentive," to provide for affordable housing costs, as defined in Health & Safety Section 50052.5, or for rents for the targeted units to be set as specified in subsection (I);
• The concession or incentive would have a specific, adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households; or • The concession or incentive would be contrary to state or federal law.
A Density Bonus Report that supports the density bonus and development incentive requests was prepared by the Applicant and is included as an attachment in the Planning Commission agenda report (Attachment 4).
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For reference, the moderate income housing units would be limited in cost to be affordable to a household that makes no more than 120 percent of the County’s median income and the very-low income housing units would be limited in cost to be affordable to a household that makes no more than 50 percent of the County’s median income. The County’s 2018 median income for a family of four is $125,200 per HCD calculations.
Environmental Review
The project site, which is 0.73 acres in size, is considered a small in-fill site that is substantially surrounded by urban uses and does not contain significant natural habitat for endangered species.
The development proposal is consistent with the General Plan and Zoning Ordinance, does not result in any significant effects related to traffic, noise, air or water quality, and is adequately served by all required utilities and public services. Therefore, in accordance with Section 15332 of the California Environmental Quality Act (CEQA) Guidelines the project is exempt from further environmental review.
With regard to traffic, Implementation Program C8 in the General Plan’s Circulation Element requires a transportation impact analysis (TIA) for projects that result in 50 or more net new daily trips. As outlined in the project’s traffic report prepared by Hexagon Transportation Consultants (included in the Planning Commission agenda report, Attachment 4), the proposed project will generate 272 average daily trips as compared with the property’s existing uses, which include a mix of office and personal service uses, that generate 228 average daily trips. Since the net increase is only 44 average daily trips, a full TIA is not required for this project.
With regard to air quality, since the project is located on a State Highway, the project could potentially expose long-term residents to air pollution and the project’s construction has the potential to create short-term air pollution impacts. To address these potential impacts, an air quality and greenhouse gas emission assessment was prepared for the project by Illingworth & Rodkin (included in the Planning Commission agenda report, Attachment 4). The assessment provides appropriate mitigation measures for controlling dust and exhaust during construction, air filtration for the dwellings, and construction equipment emission guidelines. The report’s recommended mitigations are included as conditions of approval. With regard to greenhouse gas emissions, the project does not exceed any of the significant thresholds as specified by the Bay Area Quality Management District’s Clean Air Plan, so no mitigation measures are required. The applicant has also completed the City’s Climate Action Plan checklist for new development (included in the Planning Commission agenda report, Attachment 4) and will be complying with all applicable requirements to ensure that the project support’s the City’s greenhouse gas emission reduction targets.
Regarding noise, due to the site’s proximity to a State Highway, the project is located in an area that may expose its residents to higher noise levels and the project’s rooftop mechanical equipment may generate off-site noise levels that exceed thresholds established in the City’s Noise Control Ordinance.
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To address these potential noise impacts, a noise study was prepared by Wilson Ihrig (included in the Planning Commission agenda report, Attachment 4). To ensure that there are no significant noise impacts, the study recommends mitigation measures that specify certain types of exterior glazing, exterior wall construction and supplemental ventilation, and rooftop mechanical equipment noise controls so that the noise levels do not exceed City standards. Appropriate conditions of approval to ensure that the project is designed to comply with the noise study mitigation measures are included.
To evaluate potential tree impacts, an arborist report was prepared by Kielty Arborist Services (included in the Planning Commission agenda report, Attachment 4). The arborist report evaluated the condition of 13 existing trees on the site and along its El Camino Real frontage and provided tree protection measures for the trees that are proposed to remain. All significant trees on the site, which include the nine (9) mature redwood trees along the rear property line, are proposed to remain and are identified as being in good health. Four smaller trees, three of which are along El Camino Real, are proposed for removal. The tree protection measures for the redwood trees along the rear have been appropriately incorporated in the conditions of approval.
Overall, as documented above, the project’s technical studies support the finding that the project meets the criteria and conditions to qualify as an in-fill development project that is exempt from further environmental review.
Public Contact and Correspondence
For this meeting and the Planning Commission public hearing, public meeting notices were mailed to the 154 property owners, business and residential tenants within 500 feet of the site. A public notice billboard with color renderings was installed along the project’s El Camino Real frontage and story poles to represent the corners of the building and the elevator tower, as approved by the City Council (see discussion above) were installed.
In addition to the required public notification, the applicant has conducted specific outreach to the owners of the directly adjacent properties, the tenants in the apartment buildings to the rear and the owners of the Los Altos Square Townhomes to the south and west of the project. To-date, staff has not received any correspondence from any nearby property owners or tenants regarding this prospect.
However, staff has received a letter of support for the project from Carl Guardino with the Silicon Valley Leadership Group (Attachment 5).
City Council Action
The necessary findings related to the project’s environmental review, design review, use permit, subdivision and affordable housing/density bonus applications to approve the project are contained in Exhibit A of the Resolution, and appropriate conditions to ensure the project is properly implemented are contained in Exhibit B. Based on the information contained in this report, the options for City Council action are listed below.
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Options
1) Approve Resolution No. 2018-42
Advantages: The project will replace an underdeveloped commercial property with a highquality residential development that helps the City meet its goals for producing new housing units, both affordable and market rate
Disadvantages: Some existing commercial and office uses will be displaced 2) Do not approve Resolution No. 2018-42
Advantages: The existing commercial and office uses will be maintained Disadvantages: The City will not make any progress on achieving its goals for the production of new housing units
Recommendation
The Planning Commission and staff recommend Option 1.
Resolution No. 2018-42 Page 1
ATTACHMENT 1
RESOLUTION NO. 2018-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS MAKING
FINDINGS, ADOPTING AN EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND APPROVING THE DESIGN REVIEW, USE PERMIT AND SUBDIVISION APPLICATIONS FOR A NEW 50-UNIT MULTIFAMILY PROJECT AT 4856 EL CAMINO REAL WHEREAS, the City of Los Altos received a development application from Mircea Voskerician, LuxOne LLC (Applicant), for a new 50-unit multiple-family residential building at 4846 and 4856 El Camino Real that includes Design Review 18-D-01, Use Permit 18-UP-01 and Subdivision 18-SD-01, referred to herein as the “Project”; and
WHEREAS, said Project is located in the CT District, which allows multiple-family housing as a conditional use at a maximum density of 38 dwelling units per net acre of land; and WHEREAS, said Project has a net site area of 0.72 acres (31,576 square feet), which will allow for a base residential density of 28 dwelling units; and
WHEREAS, the Applicant is offering two moderate-income and six very-low-income affordable housing units for sale as part of the Project; and
WHEREAS, the Applicant’s proposed unit mix would consist of 28.6 percent of its base density as affordable units, with 21.4 percent of the units affordable at the very low income level, thereby entitling the project to receive density bonuses and qualifying for incentives, concessions and waivers pursuant to Los Altos Municipal Code Section 14.28.040 and Government Code Section 65915, et seq.; and
WHEREAS, the Applicant is seeking incentives under Government Code Section 65915(e) and Los Altos Municipal Code Section 14.28.040(F) to allow: a) a building with a primary height of 58 feet and a height of 35 feet for the rear portion, where the Code allows for 45 feet and 30 feet, respectively; and b) a rear yard setback of 60 feet for the five-story portion of the building, where the Code requires a rear yard setback of 100 feet; and
WHEREAS, the Applicant is seeking further waivers under Government Code Section 65915(e) and Los Altos Municipal Code Section 14.28.040(H) to allow: a) the elevator tower to be 17.9 feet above the roof, where the Code allows such structures to be 12 feet above the roof; and b) enclosed roof top structures at 4.6 percent of the roof area, where the Code limits such structures to four percent of the roof area; and
WHEREAS, the Applicant is seeking a parking requirement alteration under Government Code Section 65915(e) and Los Altos Municipal Code Section 14.28.040(G) to allow for a reduction in the minimum onsite parking requirement; and
WHEREAS, the Applicant is seeking a 75.25 percent density bonus and the above-described incentives and waivers to allow development of the Project pursuant to Government Code 65915 and Los Altos Municipal Code Section 14.28.040(E)(7), which allows the City to grant a density bonus
Resolution No. 2018-42 Page 2
ATTACHMENT 1
greater than the 35 percent provided as of right for projects providing more than 11 percent of its units as affordable at the very-low income level; and
WHEREAS, said Project is exempt from environmental review as in-fill development in accordance with Section 15332 of the California Environmental Quality Act of 1970 as amended (“CEQA”); and WHEREAS, said Project has been processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, on May 23, 2018, the Complete Streets Commission held a public meeting on the Project and at the conclusion of the meeting voted to recommend approval to the Planning Commission and City Council; and
WHEREAS, on August 14, 2018 the Applicant installed story poles on the site per the modified story pole plan that was approved by the City Council on May 8, 2018; and WHEREAS, on September 4, 2018 the City gave public notice of the Planning Commission’s public hearing on the proposed Project by advertisement in a newspaper of general circulation and to all property owners within a 500-foot radius; and
WHEREAS, on September 20, 2018, the Planning Commission conducted a duly-noticed public hearing at which members of the public were afforded an opportunity to comment upon the Project, and at the conclusion of the hearing, the Planning Commission recommended that the City Council approve the Project; and
WHEREAS, on November 13, 2018, the City Council held a duly noticed public meeting as prescribed by law and considered public testimony and evidence and recommendations presented by staff related to the Project; and
WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the regulations and policies of the City of Los Altos have been satisfied or complied with by the City in connection with the Project; and
WHEREAS, the findings and conclusions made by the City Council in this Resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record for the proposed Project, which is incorporated herein by this reference. The findings are not based solely on the information provided in this Resolution; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby approves the Project subject to the findings and the conditions of approval attached hereto as “Exhibit A” and “Exhibit B,” and incorporated by this reference.
Resolution No. 2018-42 Page 3
ATTACHMENT 1
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 13th day of November 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Jean Mordo, MAYOR
Attest:
_____________________________
Jon Maginot, CMC, CITY CLERK
Resolution No. 2018-42 Page 4
ATTACHMENT 1
EXHIBIT A
FINDINGS
1. ENVIRONMENTAL REVIEW FINDINGS. With regard to environmental review, in accordance with Section 15332 of the California Environmental Quality Act Guidelines, based on the whole record before it, including, without limitation, the analysis and conclusions set forth in the staff reports, testimony provided at the proposed Project’s public hearings, and the supporting technical studies, which include: 1) a Traffic Analysis by Hexagon Transportation Consultants (May 2018); 2) an Air Quality and Greenhouse Gas Emissions Assessment (March 2018); 3) a Noise Study by Wilson Ihrig (March 2018); and 4) an Arborist Report by Kielty Arborist Services (April 2018), the City Council finds and determines that the following Categorical Exemption findings can be made:
a. The Project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with the applicable zoning designation (Commercial Thoroughfare) and regulations, including density bonus, incentives and waivers for the production of affordable housing;
b. The Project occurs within City limits on a site of no more than five acres that is substantially surrounded by urban uses and there is no record that the site has value as habitat for endangered, rare or threatened species;
c. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the completed technical studies and staff analysis contained in the agenda report support this conclusion; and
d. The Project has been reviewed and it is found that the site can be adequately served by all required utilities and public services.
2. DESIGN REVIEW FINDINGS. With regard to Design Review Application 18-D-01, the City Council finds, in accordance with Section 14.76.060 of the Los Altos Municipal Code, as follows:
a. The Project meets the goals, policies and objectives of the General Plan with its level of intensity and residential density within the El Camino Real corridor, and all Zoning Code site standards and design criteria applicable for a project in the CT District; b. The Project has architectural integrity and has an appropriate relationship with other structures in the immediate area in terms of height, bulk and design because the project utilizes high quality materials that support its architectural style and is appropriately articulated and scaled to relate to the larger buildings on the El Camino Real corridor; c. Building mass is articulated to relate to the human scale, both horizontally and vertically as evidenced in the design of the projecting overhangs, bay windows and balconies, the building elevations have variation and depth and avoid large blank wall surfaces, and the project has incorporated elements that signal habitation, such as identifiable entrances, overhangs, bay windows and balconies;
Resolution No. 2018-42 Page 5
ATTACHMENT 1
d. The Project’s exterior materials and finishes convey high quality, integrity, permanence and durability, and materials are used effectively to define building elements. Materials, finishes, and colors have been used in a manner that serves to reduce the perceived appearance of height, bulk and mass, and are harmonious with other structures in the immediate area. e. Landscaping such as the large specimen coral bark maple trees, Brisbane box street trees, Saratoga laurel evergreen screening trees, hedges and groundcover is generous and inviting, and landscape and hardscape features such as the custom paver walkway, board formed concrete planters and wood privacy fences are designed to complement the building and parking areas and to be integrated with the building architecture and the surrounding streetscape. Landscaping includes substantial street tree canopy including four new street trees in the public right-of-way, four new specimen coral bark maple trees in the front yard space and 11 new trees along the site perimeter;
f. Signage, which is limited to the building address number and other required directional signage, will be designed to complement the building architecture in terms of style, materials, colors and proportions;
g. Mechanical equipment is screened from public view by the building parapet and is designed to be consistent with the building architecture in form, material and detailing; and h. Service, trash and utility areas are screened from public view by their locations in the building garage and behind fencing in the side yards, and consistent with the building architecture in materials and detailing.
3. USE PERMIT FINDINGS. With regard to Use Permit 18-UP-01, the City Council finds, in accordance with Section 14.80.060 of the Municipal Code, as follows:
a. The proposed location of the multiple-family residential use is desirable and essential to the public comfort, convenience, prosperity, and welfare in that there are a limited number of sites that can accommodate new housing, the CT District has anticipated and planned for new housing along the El Camino Real corridor and the project provides housing at a variety of affordability levels;
b. That the proposed location of the multiple-family residential use is in accordance with the objectives of the Zoning Code since the project provides for community growth along sound lines, it is harmonious and convenient in relation to the surrounding land uses, it does not create any significant traffic impacts, it will help the City meet its affordable housing goals, it will protect and enhance property values and it will enhance the City’s distinctive character with a high-quality building design in a commercial thoroughfare context; c. That the proposed location of the multiple-family residential use, under the circumstances of the particular case and as conditioned, will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity; and
d. That the proposed multiple-family residential use complies with the regulations prescribed for the CT District and the general provisions contained in Chapter 14.02.
Resolution No. 2018-42 Page 6
ATTACHMENT 1
4. SUBDIVISION FINDINGS. With regard to Subdivision 18-SD-01, the City Council finds, in accordance with Section 66474 of the Subdivision Map Act of the State of California, as follows:
a. The proposed condominium subdivision is consistent with the General Plan; b. The Project site is physically suitable for this type and density of development in that the project meets all applicable Zoning requirements except where a density bonus and development incentives have been granted;
c. The design of the condominium subdivision and the proposed improvements are not likely to cause substantial environmental damage, or substantially injure fish or wildlife; and no evidence of such has been presented;
d. The design of the condominium subdivision is not likely to cause any serious public health problems because conditions have been added to address noise, air quality and life safety concerns; and
e. The design of the condominium subdivision will not conflict with any public access easements as none have been found or identified on this site.
5. AFFORDABLE HOUSING AND DENSITY BONUS FINDINGS. With regard to the offered below market rate units and requested density bonus, incentives, waivers and parking requirement alteration, the City Council finds, in accordance with Los Altos Municipal Code Section 14.28.040, as follows:
a. The applicant is offering two moderate-income and six very-low-income affordable housing units for sale, 28.6 percent of the Project’s base density, which qualifies the project for a density bonus, incentives, waivers and a parking requirement alteration; b. Per Table DB 3 in Section 14.28.040(C)(1)(b), a project that offers 11 percent or more of its total units (base density) as very-low income restricted affordable units shall be granted a density bonus of 35 percent, and per Table DB 4 in Section 14.28.040(C)(1)(b), a project that offers 15 percent or more of its total units (base density) as Very Low income restricted affordable units shall be granted three (3) incentives. Since the project is providing 21.4 percent of its total units as affordable at the very-low income level, the City shall grant a density bonus of at least 35 percent and three (3) incentives;
c. For its incentives, the project is requesting the City allow: a) a building with a primary height of 58 feet and a height of 35 feet for the rear portion, where the Code allows for 45 feet and 30 feet, respectively; and b) a rear yard setback of 60 feet for the five-story portion of the building, where the Code requires a rear yard setback of 100 feet. The height incentive is considered an “off-menu” incentive and the rear yard setback incentive is considered two (2) “on-menu” incentives (20 percent decrease in a setback); d. Per Section 14.28.040(G)(2)(a), the City shall allow a minimum parking requirement, inclusive of handicapped and guest parking, of one (1) onsite parking space for each one-bedroom unit and two (2) onsite parking spaces for each two- or three-bedroom unit if requested by the
Resolution No. 2018-42 Page 7
ATTACHMENT 1
applicant. Since the project is providing 108 onsite parking spaces, where a minimum of 91 onsite parking spaces is required, it is exceeding the minimum permitted by the Code; e. Per Section 14.28.040(H)(1), a project can request a waiver or reduction of development standards that have the effect of physically precluding the construction of a development in addition to the density bonus and incentives permitted by the Code. Consistent with these requirements, the Applicant is seeking waivers to allow: a) the elevator tower to be 17.9 feet above the roof, where the Code allows such structures to be 12 feet above the roof; and b) enclosed roof top structures at 4.6 percent of the roof area, where the Code limits such structures to four percent of the roof area. The basis to grant the waivers is supported by the fact that they are required in order to provide the necessary amenities and accessibility for a building of this size and density, they will not have a specific, adverse impact upon health, safety, or the physical environment, they will not have an adverse impact on any listed historic resources and will not be contrary to state or federal law; and f. Per Section 14.28.040(E)(7), the City is permitted to grant a density bonus greater than the 35 percent. Per consultation with City staff, the City Council and Planning Commission, the Applicant is requesting a 75.25 percent density bonus, which will allow for the development of 50 dwelling units in the project. Granting of this density bonus is supported by the fact that the project is offering of 28.6 percent of its total units as affordable at the moderate and verylow income levels. The granting of the density bonus is further supported by the fact that the project is exceeding the minimum thresholds prescribed by the Zoning Code with regard to onsite parking, side yard setbacks, open space (both private and common), and bicycle parking.
Information to support the density bonus is provided in the Density Bonus Report, which is included with the Project’s staff report.
Resolution No. 2018-42 Page 8
ATTACHMENT 1
EXHIBIT B
CONDITIONS
GENERAL
1. Approved Plans
The project approval is based upon the plans received on October 16, 2018, except as modified by these conditions.
2. Affordable Housing
The applicant shall offer the City eight (8) below market rate units as follows: a) one (1) threebedroom unit at the moderate-income level; b) one (1) two-bedroom unit at the moderate-income level; and c) six (6) one-bedroom units at the low-income level.
3. Upper Story Lighting
Any exterior lighting above the ground floor on the sides and rear of the building and on the rooftop deck shall be shrouded and/or directed down to minimize glare.
4. Encroachment Permit
An encroachment permit and/or an excavation permit shall be obtained prior to any work done within the public right-of-way and it shall be in accordance with plans to be approved by the City Engineer. Note: Any work within El Camino Real will require applicant to obtain an encroachment permit with Caltrans prior to commencement of work.
5. Public Utilities
The applicant shall contact electric, gas, communication and water utility companies regarding the installation of new utility services to the site.
6. Americans with Disabilities Act
All improvements shall comply with Americans with Disabilities Act (ADA).
7. Stormwater Management Plan
The applicant shall submit a complete Stormwater Management Plan (SWMP) and a hydrology calculation showing that 100% of the site is being treated; is in compliance with the Municipal Regional Stormwater NPDES Permit (MRP). Applicant shall provide a hydrology and hydraulic study, and an infeasible/feasible comparison analysis to the City for review and approval for the purpose to verify that MRP requirements are met.
8. Sewer Lateral
Any proposed sewer lateral connection shall be approved by the City Engineer.
9. Transportation Permit
A Transportation Permit, per the requirements specified in California Vehicle Code Division 15, is required before any large equipment, materials or soil is transported or hauled to or from the construction site.
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10. Indemnity and Hold Harmless
The applicant/owner agrees to indemnify, defend, protect, and hold the City harmless from all costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of the City in connection with the City’s defense of its actions in any proceedings brought in any State or Federal Court, challenging any of the City’s action with respect to the applicant’s project.
PRIOR TO SUBMITTAL OF BUILDING PERMIT
11. Green Building Standards
The applicant shall provide verification that the project will comply with the City’s Green Building Standards (Section 12.26 of the Municipal Code) from a qualified green building professional.
12. Property Address
The applicant shall provide an address signage plan as required by the Building Official.
13. Water Efficient Landscape Plan
Provide a landscape documentation package prepared by a licensed landscape professional showing how the project complies with the City’s Water Efficient Landscape Regulations.
14. Air Quality Mitigation
The applicant shall implement and incorporate the air quality mitigations into the plans as required by the report prepared by Illingsworth & Rodin, Inc., dated March 6, 2018.
15. Noise Mitigation
The applicant shall implement and incorporate the noise mitigation measures into the plans as required by the report by Wilson Ihrig, dated March 6, 2018.
16. Rooftop Deck
Provide design details for the rooftop deck sufficient enough to verify that the space can operate in compliance with the performance standards prescribed by Municipal Code Section 14.50.160.
PRIOR TO FINAL MAP RECORDATION
17. Covenants, Conditions and Restrictions
The applicant shall include the following provisions in the Covenants, Conditions and Restrictions (CC&Rs):
a. Storage on private patios and decks shall be restricted; and rules for other objects stored on private patios and decks shall be established with the goal of minimizing visual impacts. b. Long-term maintenance and upkeep of the landscaping and street trees, as approved by the City, shall be a duty and responsibility of the property owners. Specifically, the landscape buffer, including both trees and landscaping, along the rear property line shall be permanently maintained as required by the CT District per Municipal Code Section 14.50.110(C). c. The rooftop deck shall be permanently maintained in accordance with the performance standards for Rooftop Uses in the CT District as currently prescribed by Municipal Code Section 14.50.160.
d. Both parking spaces in a tandem space shall be owned by the same unit and cannot be owned or used by separate units.
Resolution No. 2018-42 Page 10
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18. Public Utility Dedication
The applicant shall dedicate public utility easements as required by the utility companies to serve the site.
19. Payment of Fees
The applicant shall pay all applicable fees, including but not limited to sanitary sewer impact fees, parkland dedication in lieu fees, traffic impact fees and map check fee plus deposit as required by the City of Los Altos Municipal Code.
PRIOR TO ISSUANCE OF BUILDING PERMIT
20. Final Map Recordation
The applicant shall record the final map. Plats and legal descriptions of the final map shall be submitted for review by the City Land Surveyor. Applicant shall provide a sufficient fee retainer to cover the cost of the map review by the City.
21. Sidewalk Lights
The applicant shall maintain the existing light fixture and/or install new light fixture(s) in the El Camino Real sidewalk as directed by the City Engineer.
22. Performance Bond
The applicant shall submit a cost estimate for the improvements in the public right-of-way and shall submit a 100-percent performance bond and 50-percent labor and material bond (to be held 6 months until acceptance of improvements) for the public right-of-way work.
23. Maintenance Bond
A one-year, ten-percent maintenance bond shall be submitted upon acceptance of improvements in the public right-of-way.
24. Storm Water Filtration Systems
The applicant shall insure the design of all storm water filtration systems and devices are without standing water to avoid mosquito/insect infestation.
25. Grading and Drainage Plan
The applicant shall submit detailed plans for on-site and off-site grading and drainage plans that include drain swales, drain inlets, rough pad elevations, building envelopes, and grading elevations for review and approval by the City Engineer.
26. Sewage Capacity Study
The applicant shall show sewer connection to the City sewer main and submit calculations showing that the City’s existing 27-inch sewer main will not exceed two-thirds full due to the additional sewage capacity from proposed project. For any segment that is calculated to exceed two-thirds full for average daily flow or for any segment that the flow is surcharged in the main due to peak flow, the applicant shall upgrade the sewer line or pay a fair share contribution for the sewer upgrade to be approved by the City Engineer.
Resolution No. 2018-42 Page 11
ATTACHMENT 1
27. Construction Management Plan
The applicant shall submit a construction management plan for review and approval by the Community Development Director and the City Engineer. The construction management plan shall address any construction activities affecting the public right-of-way, including but not limited to excavation, traffic control, truck routing, pedestrian protection, material storage, earth retention and construction vehicle parking. The plan shall provide specific details with regard to how construction vehicle parking will be managed to minimize impacts on nearby single-family neighborhoods. A Transportation Permit, per the requirements in California Vehicle Code Division 15, is required before any large equipment, materials or soil is transported or hauled to or from the site.
28. Sewer Lateral Abandonment
The applicant shall abandon additional sewer laterals and cap at the main if they are not being used. A property line sewer cleanout shall be installed within 5-feet of the property line within private property.
29. Solid Waste Ordinance Compliance
The applicant shall be in compliance with the City’s adopted Solid Waste Collection, Remove, Disposal, Processing & Recycling Ordinance (LAMC Chapter 6.12) which includes a mandatory requirement that all commercial and multi-family dwellings provide for recycling and organics collection programs.
30. Solid Waste and Recyclables Disposal Plan
The applicant shall contact Mission Trail Waste Systems and submit a solid waste and recyclables disposal plan indicating the type, size and number of containers proposed, and the frequency of pick-up service subject to the approval of the Engineering Division. The applicant shall also submit evidence that Mission Trail Waste Systems has reviewed and approved the size and location of the proposed trash enclosure. The enclosure shall be designed to prevent rainwater from mixing with the enclosure's contents and shall be drained into the City’s sanitary sewer system. The enclosure's pad shall be designed to not drain outward, and the grade surrounding the enclosure designed to not drain into the enclosure. In addition, applicant shall show on plans the proposed location of how the solid waste will be collected by the refusal company. Include the relevant garage clearance dimension and/or staging location with appropriate dimensioning on to plans.
31. Tree Protection
The applicant shall implement and incorporate the tree protection measures into the plans and on-site as required by staff and in accordance with the report by Kielty Arborist Services dated April 30, 2018.
32. Affordable Housing Agreement
The applicant shall execute and record an Affordable Housing Agreement, in a form approved and signed by the Community Development Director and the City Attorney, that offers eight below market rate units, for a period of at least 55-years, as defined in Condition No. 2. All of the below market rate units shall be constructed concurrently with the market rate units, shall be dispersed throughout the project as shown on the approved plans, and shall not be significantly distinguishable design, construction or materials.
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PRIOR TO FINAL OCCUPANCY
33. Green Building Verification
The applicant shall submit verification that the structure was built in compliance with the California Green Building Standards pursuant to Section 12.26 of the Municipal Code.
34. Signage and Lighting Installation
The applicant shall install all required signage and on-site lighting per the approved plan. Such signage shall include the disposition of guest parking, the turn-around/loading space in the front yard and accessible parking spaces.
35. Acoustical Report
The applicant shall submit a report from an acoustical engineer ensuring that the rooftop mechanical equipment meets the City’s noise regulations.
36. Landscape Installation and Verification
Provide a landscape Certificate of Completion, signed by the project’s landscape professional and property owner, verifying that the trees, landscaping and irrigation were installed per the approved landscape documentation package.
37. Condominium Map
The applicant shall record the condominium map as required by the City Engineer.
38. Driveway Visibility
The applicant shall work with the Engineering Division to indicate a sufficient no parking area along El Camino Real to the north of the driveway to provide adequate sight visibility.
39. Sidewalk in Public Right-of-Way
The applicant shall install new sidewalk, vertical curb and gutter, and driveway approaches from property line to property line along the frontage of El Camino Real as required by the City Engineer.
40. Public Infrastructure Repairs
The applicant shall repair any damaged right-of-way infrastructures and otherwise displaced curb, gutter and/or sidewalks and City’s storm drain inlet shall be removed and replaced as directed by the City Engineer or his designee. The applicant is responsible to resurface (grind and overlay) half of the street along the frontage of El Camino Real if determined to be damaged during construction, as directed by the City Engineer or his designee. Note: Any work within the El Camino Real will require applicant to obtain encroachment permit with Caltrans prior to commencement of work.
41. SWMP Certification
The applicant shall have a final inspection and certification done and submitted by the Engineer who designed the SWMP to ensure that the treatments were installed per design. The applicant shall submit a maintenance agreement to City for review and approval for the stormwater treatment methods installed in accordance with the SWMP. Once approved, City shall record the agreement.
LEAGUE OF WOMEN VOTERS
of the Los Altos-Mountain View Area
November 11, 2018
Mayor Jean Mordo and Members of the City Council
City of Los Altos
1 N.San Antonio Road
Los Altos, CA 94022
Re: Agenda Item #5, Council Meeting Nov. 13th – Proposed 50-Unit Building at 4856 El Camino Real Dear Mayor Mordo and Members of the City Council:
As we wrote earlier to the Planning Commission, the LWV supports affordable housing, including inclusionary zoning, so we are pleased to see the 8 below-market-rate units (BMRs) being built as part of this complex. The League believes that dispersing BMRs within a larger complex has been shown to be a socioeconomic and political success in California.
Again, as we wrote to the Planning Commission, we have a serious concern with the unit mix of the BMRs, and the Planning Commission agreed with our concern. The City’s policy, like that of most jurisdictions, has always required that the affordable units reflect the size and number of bedrooms of the market-rate units. In this case, 6 of the total 9 one-bedroom units are proposed as BMRs, with just 1 three-bedroom unit and 1 two-bedroom unit as BMRs. All the very low-income BMRs are one-bedroom units, whereas the larger units would be moderate-income BMRs. Six of the eight BMRs are proposed as one-bedrooms, whereas the majority of the units in the total project are two and three-bedrooms. We encourage the City to require a mix of BMRs that more accurately reflects the size and number of bedrooms of the market-rate units.
The developer’s offer to make one of the one-bedroom BMRs a larger one-bedroom unit does not change the fact that all the very low-income units are one-bedroom and that most of the total BMRs are onebedroom. This is an insignificant change in the mix of BMRs presented to the Planning Commission. We believe that the developer is gaining significant density and incentives under the State Density Bonus Law and should be required to follow the City’s policy regarding the unit mix of BMRs. The majority of the units in the total project are two and three-bedrooms. Therefore, the majority of the BMRs should be two and three-bedroom units. In addition, some of the two and three-bedroom unit BMRs should be very lowincome rather than moderate income.
Sue Russell
Co-Chair, Housing Committee
LWV of the Los Altos-Mountain View Area
Cc: Chris Jordan Jon Biggs Zach Dahl
ATTACHMENT 4
1 Zach Dahl
Subject: Mohr Clock project - 4856 El Camino Real
From: roger heyder <[email protected]>
Date: November 19, 2018 at 5:48:29 AM PST
To: City Council <[email protected]>
Cc: Christopher Croudace <[email protected]>
Subject: Mohr Clock project ‐ 4856 El Camino Real
Reply‐To: roger heyder <[email protected]>
Hello Council,
The Mohr Clock project, at 4856 El Camino Real, involves the merging of two parcels. Under the Subdivision Map Act, the city does not have the legal authority to merge these two parcels unless it has a valid and applicable lot merger ordinance. Mr. Maginot informed me that Los Altos does NOT have a lot merger ordinance.
The Map Act is clear, and consistent, about requiring a local merger ordinance. Without a local merger ordinance, the Map Act limits the city to merging only substandard parcels. The Mohr Clock parcels are not substandard.
Two sections of the Map Act cover mergers that do not involve substandard lots. One of these sections is Government Code section 66499.203/4. The first sentence of that section requires a local ordinance to merge parcels:
A city or county may, by ordinance, authorize the merger of contiguous parcels under common ownership . . .
The second section of the Map Act that could alternatively be used for mergers is Government Code section 66499.201/4, which also requires a local ordinance to implement its provisions:
A city or county may, by ordinance, authorize a parcel map to be filed under the provisions of this chapter for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. . . .
Therefore, a city seeking to adopt and use either section of the Map Act must enact a local ordinance allowing it to do so. At a bare minimum, such an ordinance should cover at least three things:
1. Whether mergers are allowed at all, and in what parts of the city. For example, a city might choose not to allow mergers at all, or to allow only mergers of two lots in certain parts of the city, or choose to allow a different number of mergers in different parts of the city.
2. The Map Act requires that the local ordinance be consistent with the city’s General Plan. In Los Altos’ case, this means that any merger ordinance, no matter which Map Act provision authorizes it, needs to be consistent with the Los Altos general plan which states:
The identity of Los Altos is predicated upon its small-town atmosphere as a mature residential community with a historic Downtown and neighborhood commercial centers. Defining physical attributes include relatively flat terrain, mature landscape, low-density residential neighborhoods, predominantly single-story structures, historic architecture, and the pedestrian-oriented village setting of the Downtown core. The Community Design & Historic Resources Element focuses on the protection and enhancement of these important attributes to maintain the City’s distinct character.
3. Finally, the local ordinance must specify the zoning rules that apply if the city allows mergers of lots in a given section of Los Altos. For example, the current zoning of the Los Altos Commercial Downtown District provides for a minimum depth of front yards of only two feet, no side yards except where a site abuts a public street or a public parking plaza, in which case the minimum width of a side yard is also only two feet, and a minimum rear yard of 15 feet for a structure above 15 feet in height, with certain
2 exceptions. (Los Altos Municipal Code sections 14.44.060, 14.44.070 and 14.44.080) If the city were to allow mergers of lots in the Downtown, it needs to consider if these zoning rules would be adequate as applied to larger buildings that might be allowed on merged lots, or if different setbacks, heights and other zoning provisions would instead be required or preferable.
There appears to be significant proposed lot merger activity in Los Altos It is only common sense that a local merger ordinance be written, to provide clear details to everyone concerned as to if and where lot mergers are allowed, the conditions under which they are allowed, and the zoning applicable to merged lots. A local merger ordinance is required by the Map Act if the city is to legally approve lot mergers, unless the lots are substandard, in which case the Map Act has different applicable provisions.
Prior to approving the Mohr Clock merger, or any other lot merger, the city must implement a lot merger ordinance consistent with its General Plan. It is the only legal way forward if lots are to be merged.
Regards,
Roger Heyder
Chris Croudace
1. Project Description
The project was approved for 52 residential condos, out of which, 10 units are BMR units. For the 10 BMR units, 4 were approved for sale units, and 6 were approved for rent units by the city in 2018. Please refer to the attached resolution for details.
The table below shows the details of the city approved 10 BMR units:
City Approved BMR Unit Summary on Delta 3 Plan
Below Market Rate Unit
First Floor
Unit 101 Moderate
For
Sale Type 2c
1290
SF 2 BED/ 2 BATH
Unit 105 Very Low Rental Type 2A
1094
SF 2 BED/ 2 BATH
Unit 110 Moderate
For
Sale Type 3A
1584
SF 3 Bed/ 2 BATH
Second Floor
Unit 207 Very Low Rental Type 2B Alt
1204
SF 2 BED/ 2 BATH
Unit 208 Very Low Rental Type 1A 781 SF 1 BED/ 1 BATH
Unit 210 Moderate
For
Sale Type 3B
1674
SF 3 BED/ 2 BATH
Third Floor
Unit 302 Very Low Rental Type 1c 829 SF 1 BED/ 1 BATH
Unit 307 Low
For
Sale Type 2B Alt
1204
SF 2 BED/ 2 BATH
Fourth Floor
Unit 402 Very Low Rental Type 1c 829 SF 1 BED/ 1 BATH
Fifth Floor
Unit 502 Very Low Rental Type 1c 829 SF 1 BED/ 1 BATH
We propose converting the 6 units: 105, 207, 208, 302, 402, and 502 (currently approved for rental) to for sale units, the table below shows the details:
New Proposed For Rent BMR Units Conversion
Below Market Rate Unit
First
Floor
Unit
101 Moderate
For
Sale Type 2c
1290
SF 2 BED/ 2 BATH
Unit
105 Very Low
For
Sale Type 2A
1094
SF 2 BED/ 2 BATH
Unit
110 Moderate
For
Sale Type 3A
1584
SF 3 Bed/ 2 BATH
Second Floor
Unit
207 Very Low
For
Sale Type 2B Alt
1204
SF 2 BED/ 2 BATH
Unit
208 Very Low
For
Sale Type 1A 781 SF 1 BED/ 1 BATH
Unit
210 Moderate
For
Sale Type 3B
1674
SF 3 BED/ 2 BATH
Third Floor
Unit
302 Very Low
For
Sale Type 1c 829 SF 1 BED/ 1 BATH
Unit
307 Low
For
Sale Type 2B Alt
1204
SF 2 BED/ 2 BATH
Fourth Floor
Unit
402 Very Low
For
Sale Type 1c 829 SF 1 BED/ 1 BATH
Fifth
Floor
Unit
502 Very Low
For
Sale Type 1c 829 SF 1 BED/ 1 BATH
As highlighted in Yellow, the only proposed change for the 6 units is the tenure change from Rental to for sale, the income level, unit type, unit size, unit plan, and BMR distribution remain unchanged.
2. Affordable Housing Proposal
The original project approval was under LuxOne LLC, the previous owner of the property, in November 2018. The property was transferred to the new owner, TS 4846 ECR LLC, in December 2021.
The 6 BMR for rent units were part of the original approval from the city. Per our communication with the previous owner of the property, it was a combination of City Council at that time was interested to see "some rental BMR units" and part of the owner negotiation with City Council and Planning department. Basically, it was not a strict city policy to require certain number of units for rent.
We, as the current owner and developer of the project, we are mainly focus on the real property development and sale, but we have no business capacity and expertise on the property management and rental/lease management, therefore, we here request for the conversion of the 6 BMR for rent units to for sale units, to match our business model and capacity.
As described in the section 2 above, the proposed change is only for tenure change from the previously approved Rental to For Sale, where the level of affordability/income level, the total number of affordable units, the location of these units, and the previously approved density bonus units remain unchanged, therefore, the proposed change/conversion complies with the City’s Affordable Housing Ordinance.
3. Complete BMR Program Analysis—response to the incomplete letter item #1 Regarding the comments of 1a, 1b, 1c, 1d, 1e, they have been addressed in section 2 of Project Description and section 3 of Affordable Housing Proposal above, so here to address 1f:
As the owner and developer, we have signed the Affordable Housing Agreement with the city in 2021. Per the agreement, it outlines the management and implementation on the for sale and for rent BMR units. The total commitment for BMR status is 55 years. It is obvious that, for rent BMR units are required the owner and the city much more and complicated effort and commitment for 55 years.
Given the above situation, we, as the owner, request to convert the 6 for rent units to for sale units, we expect to have the following outcomes if the conversion is approved by the city:
a. it will simplify the property/project future management and implementation process. For rent units will need unlimited and tremendous management effort and work to handle leasing/property maintenance, etc. from the developer/owner and the city, 55 years is a very long-term commitment, possibly from more generations. b. The unit buyers will have ownership at the beginning, the unit owners will be much more caring for the property maintenance since it’s their own homes, and
also this gives more opportunities/homes to many potential low-income individuals and families to own and enjoy their own new homes.
RHE
#2:Rental BMR Convert to For Sale BMR Unit
#3:Rental BMR Convert to For Sale BMR Unit
#1:Rental BMR Convert to For Sale BMR Unit
#4:Rental BMR Convert to For Sale BMR Unit
#6:Rental BMR Convert to For Sale BMR Unit
#5:Rental BMR Convert to For Sale BMR Unit
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 2, 2022
John Keho
Planning and Development Services Director
City of West Hollywood
8300 Santa Monica Boulevard
West Hollywood, CA 90069
Dear John Keho:
RE: 8500 Santa Monica Boulevard – Letter of Technical Assistance The purpose of this letter is to provide technical assistance to the City of West Hollywood (City) regarding the mixed-used infill project to be located at 8500 Santa Monica Boulevard. The proposed project would result in the construction of a six-story, 30-unit mixed-use building containing ground floor commercial space and upper story market-rate and affordable housing units. The project would provide three units that would be affordable to very low-income (VLI) households, two units that would be affordable to moderate-income (MI) households, and 25 market-rate units. The proposed project utilizes the State Density Bonus Law (SDBL) (Gov. Code, § 65915) to achieve a density bonus and is subject to the City’s inclusionary zoning requirements.
The California Department of Housing and Community Development (HCD) received a complaint regarding the subject project, and the City requested technical assistance from HCD regarding the relationship of the SDBL and the City’s inclusionary zoning ordinance (Ordinance) (WHMC, § 19.22.030). Specifically, the City seeks guidance on whether the requirement that a project include one MI unit for every VLI or low-income (LI) unit conflicts with state housing law, particularly the SDBL. Additionally, the City seeks guidance on how to best calculate base density in a zone without an associated dwelling units per acre density standard and how to consider concession requests that would increase a project’s FAR. Coincidentally, these latter topics are addressed in the August 31, 2022, Letter of Technical Assistance to the City of Santa Monica. That letter will be provided to the City instead of replicating the information in this letter.
The City’s Ordinance applies a 20-percent inclusionary requirement on all developments containing more than ten housing units. Applied to the subject project, this means that five units1 of the 22 base density units must be affordable. However, the Ordinance requires that for every VLI or LI unit provided, the applicant must also provide an MI unit. (WHMC, § 19.22.030(F)). The applicant argues that this requirement 1 Rounded up to 5 units from 4.4 units
John Keho, Planning and Development Services Department
reduces the economic feasibility of SBDL-enabled projects because, in practice, it requires that a project include more affordable units to qualify for a density bonus than are required by the SDBL. The applicant indicates that it would have preferred to construct four VLI units and one MI unit (to earn an additional SDBL concession) but were disincentivized from doing so because it would necessitate adding another MI unit.
It should be noted that the SDBL offers much greater incentives for projects that include VLI/LI units than MI units, thereby incentivizing the former. For instance, to achieve the maximum 50-percent density bonus, a project needs to provide only 15 percent VLI units compared to 44 percent MI units (Gov. Code, § 65915, subd. (f)). Conversations with City staff indicate that the mandated MI unit requirement is in place to support the City in its effort to produce enough housing for MI households. Absent this requirement (the City contends), SDBL-enabled projects would largely consist only of VLI/LI units and market-rate units. This letter explores the ways that inclusionary zoning ordinances and SDBL implementation ordinances can and should be harmonized to best achieve the important functions of each.
Inclusionary Zoning
Inclusionary zoning is a vitally important affordable housing production tool used across California. Properly implemented, it can and has resulted in the production of significant amounts of deed-restricted affordable housing – often without the need for government subsidy. Unsurprisingly, many local agencies have adopted or are considering adopting inclusionary zoning ordinances. HCD strongly supports these efforts. However, some inclusionary requirements can hinder, rather than facilitate, the production of affordable housing. This is because inclusionary requirements can sometimes negatively affect the economic feasibility of residential development projects. A project that is not economically feasible will not be constructed and will provide no affordable units at all.
The state inclusionary zoning statute addresses these limitations, providing that a local agency must provide alternative means of compliance (e.g., in lieu fees) and that rental inclusionary requirements in excess of 15 percent may be subject to review by HCD to consider economic feasibility (Gov. Code, §§ 65850, subd. (g); 65850.1). For more information, please see HCD’s Rental Inclusionary Housing Memo.
State Density Bonus Law
First adopted in 1979 and strengthened over the years, the SDBL is one of the most powerful tools in the production of affordable housing. The SDBL facilitates both the construction of 100 percent affordable projects as well as projects that provide primarily market-rate units. It allows developers to build more market-rate units than would typically be allowed in exchange for including affordable units. Like with inclusionary zoning requirements, the affordable units are often provided without the use of government subsidy. Within the context of market-rate development, the SDBL is explicit regarding the importance of maintaining the economic viability of projects. It provides, “The Legislature finds and declares that the intent behind the Density Bonus
John Keho, Planning and Development Services Department
Law is to allow public entities to reduce or even eliminate subsidies for a particular project by allowing a developer to include more total units in a project than would otherwise be allowed by the local zoning ordinance in exchange for affordable units. It further reaffirms that the intent is to cover at least some of the financing gap of affordable housing with regulatory incentives, rather than additional public subsidy.” (Gov. Code, § 65915, subd. (t).) The SDBL provides direction regarding the relationship between itself and inclusionary zoning requirements. It confirms that an affordable unit provided to satisfy an inclusionary requirement also earns the applicant the benefits and protections of the SDBL (e.g., a density bonus, concessions, development standard waivers, etc.). (Gov. Code, § 65915, subd. (o)(6).) It also provides that an affordable unit in an SDBL-enabled project is not subject to affordable housing impact fees, including inclusionary zoning fees and in-lieu fees. (Gov. Code, § 65915.1).
Relationship to SDBL
Beyond the language provided by the SDBL, a few court cases address situations in which local ordinances or interpretations have affected the mechanics of the SDBL.
Chief among them is Latinos Unidos Del Valle De Napa Y Solano v. County of Napa2, which settled the matter of whether an affordable unit can serve both as an “inclusionary unit” meeting a local inclusionary zoning requirement and as a “target unit” qualifying a project for a density bonus. It can, and the statute was subsequently amended to reflect this. If this were not the case, for instance, a project attempting to earn a 50-percent density bonus by providing 15 percent VLI units would need to provide 15 percent affordable units to meet the 15-percent inclusionary requirement and an additional 15 percent affordable units to earn the density bonus. This would require the project to provide 30 percent affordable units – twice the amount contemplated by either the SDBL or the local inclusionary ordinance. A more recent case, Schreiber v. City of Los Angeles reinforces the finding made in Latinos: “A local ordinance is preempted if it conflicts with the density bonus law by increasing the requirements to obtain its benefits.”3 These cases provide a helpful lens through which to evaluate the practical effects of local ordinances upon the operation of the SDBL. Local agencies should maintain an awareness of potential unintended impacts of local inclusionary requirements on SDBL applications.
The City should be prepared to grant a request for an SDBL concession to modify provisions of the inclusionary ordinance, especially ordinances that mandate the level of affordability of inclusionary units or their ratios. The SDBL can be used to modify or waive provisions of an inclusionary ordinance. For example, a mixed-income project that relies on tax credits may need to waive a requirement that affordable units be dispersed among the market-rate units. This is because tax credits and other affordable 2 (2013) 217 Cal.App.4th 1160, 1165-66 [159 Cal.Rptr.3d 284, 287-88]. 3 (2021) 69 Cal.App.5th 549, 558 [284 Cal.Rptr.3d 587, 594].
John Keho, Planning and Development Services Department
housing funding programs sometimes require the affordable units to be consolidated within a single building or on a separate parcel.
Governmental Constraints in Housing Element Law
Housing elements are required to contain analysis of potential and actual governmental constraints on the development of housing for all income levels. (Gov. Code, § 65583, subd. (a)(5).) This includes, but is not limited to, analysis of land use controls, building codes and their enforcement, and locally adopted ordinances that directly impact the cost and supply of residential development. After identifying governmental constraints, the City must implement programs to remove those governmental constraints to the development of housing where legally possible. (Gov. Code, § 65583, subd. (c)(3).) This analysis extends to a local agency’s inclusionary ordinance. As described above, under Government Code section 65850.1, an inclusionary requirement of 15 percent or less is not subject to scrutiny by HCD. Above this percentage, however, the local agency should carefully consider local development conditions to ensure that a higher percentage would not constitute a governmental constraint by rendering projects economically infeasible. HCD has observed that typically inclusionary requirements are in the 15-20-percent range. This is not to say that a higher or lower level is categorically unreasonable, but that this range has been proven functional in many areas (especially in high-cost, high-development-pressure areas).
With a base density of only 22 units, the subject project does not present the most helpful scenario to examine how the City’s Ordinance relates to the SDBL. Instead, consider a hypothetical scenario in West Hollywood where the base density of a site allows 100 units and the developer seeks a 35-percent density bonus (35 units) by providing 20 percent LI units. The project would be required by the Ordinance to set aside 20 units (20 percent of 100 units) as affordable housing. To earn the density bonus, 20 units (20 percent of 100 units) would have to be LI units per the SDBL. On its surface, this project would appear to handily meet the City’s inclusionary requirements and the eligibly threshold of the SDBL. However, the mandated MI units requirement necessitates an additional 19 MI units.4 This results in a substantially higher percentage of affordable units than required by the SDBL, as summarized in the table below. 4 Per the WHMC, § 19.22.030 F. “…When two or more affordable units are constructed, the units shall be allocated alternately with the first unit allocated for a low or very low- income household and the second allocated for a moderate-income household, alternating between low or very low, and moderate income until all units are assigned a level of affordability.”
John Keho, Planning and Development Services Department
Overall Units LI Units MI Units Market Rate
Units
Affordable %
of Overall
Project
Without
Mandated
MI Units
135 20 0 115 14.8%
With
Mandated
MI Units
135 20 19 96 28.9%
It is the overall percentage of affordable units in a project that is of primary concern when evaluating economic feasibility. By requiring that 28.9 percent of the overall development be made up of affordable units, the City is in practice imposing an inclusionary requirement nearly 50 percent higher than its generally applicable 20 percent and significantly higher than the requirements of the SDBL. This may reduce the economic feasibility of the project because while affordable units are similarly expensive to build as market-rate units, the affordable units do not generate equivalent income. SDBL enables developers to build affordable housing without government subsidy – by allowing the allowing the market-rate units to offset the costs of the affordable units. The City’s mandated MI unit requirement makes this more difficult and may constitute a governmental constraint in its current form.
It should be noted that the City’s practice of allowing an applicant to combine multiple density bonuses may lessen the real-world impact of the mandated MI unit requirement.
However, this practice is problematic for several reasons. First, it is not codified, so applicants have no way of knowing about it when planning a project. Second, it can only be used to achieve up to the SDBL-defined maximum of a 50 percent density bonus, which may limit its compensatory value in certain circumstances. Third, no bonus is given until the 10 percent minimum threshold is met for certain income categories, which limits its use on smaller projects (like the subject project).
Recommendations
HCD makes the following recommendations to help the City implement both the City’s local inclusionary ordinance and the SDBL. This guidance is tailored to West Hollywood but is also intended to be helpful to other jurisdictions. • Substitutions. Allow more deeply affordable units to be substituted for less deeply affordable units. For example, an applicant should be able to substitute a VLI for a MI unit if they so desire. This approach is consistent with the SDBL’s approach to incentivizing more deeply affordable units. It also alleviates concerns that the local agency is disincentivizing more deeply affordable units in favor of less deeply affordable units – and risking fair housing and discrimination complaints.
John Keho, Planning and Development Services Department
• Upper Limit to Inclusionary Requirement. Inclusionary requirements that mandate that the units be provided at certain affordability levels or in certain ratios of affordability levels should only apply up to the point that the project meets the total inclusionary percentage required. Once the overall affordability threshold is met, no additional inclusionary units should be required regardless of any affordability level ratios. Consider the example of a jurisdiction where the generally applicable inclusionary requirement is 20 percent and there is a one-to-one ratio requirement of MI to VLI/LI units. If the applicant proposes less than 20 percent affordable units to achieve a density bonus (e.g., 15 percent VLI to achieve the maximum density bonus), the jurisdiction would require that 5 percent additional affordable units be added to the project to reach the 20 percent inclusionary threshold despite the fact that its ratio would require 15 percent MI units. • Integrate Language. The provisions of the City’s inclusionary ordinance and its SDBL implementation ordinance should be integrated with the expectation that projects will be subject to both. The benefits and protections of the SDBL apply to all projects that meet the statutory minimum percentage of affordable units.
This is to say that in jurisdictions with inclusionary zoning requirements, the effects of the SDBL should be anticipated. When drafting the ordinance, a local agency should consider a diverse range of project types to explore how requirements affect each. As a starting point, the local agency should consider large versus small projects and projects that rely on the seven eligibility categories of the SDBL (Gov. Code, § 65915, subd. (b)(1)(A-G).) Finally, the analysis should consider the final overall percentage of affordable units in each scenario to most accurately evaluate economic feasibility.
Conclusion
HCD applauds West Hollywood’s commitment to affordable housing and recognizes the challenges of harmonizing state housing law and local ordinances. HCD appreciates the City’s pragmatic and progressive approach to housing policy. This letter is intended to provide helpful context and guidance and help local agencies throughout the state work to achieve their housing goals. If you have questions or need additional information, please contact Brian Heaton at [email protected].
Sincerely,
Shannan West
Housing Accountability Unit Chief
City Council Staff Report
Meeting Date: February 24, 2026
Prepared By: Melissa Thurman
Approved By: Gabe Engeland
Subject: Create a Council Taskforce for the 75th Anniversary of Los Altos
COUNCIL PRIORITY AREA
General Government
RECOMMENDATION
Discuss and create the formation of a Council Taskforce for the 75th Anniversary of Los Altos
ENVIRONMENTAL IMPACT
None
FISCAL IMPACT
None
PREVIOUS COUNCIL CONSIDERATION
None
BACKGROUND
During the regular meeting of February 10, 2024, Councilmember Jonathan D. Weinberg requested a future agenda item for the Council to create a task force for the 75th Anniversary of Los Altos. This request was supported by the full Council.
ANALYSIS
None
DISCUSSION
None
ATTACHMENTS
None
City Council Staff Report
Meeting Date: February 24, 2026
Prepared By: Jon Maginot
Approved By: Gabe Engeland
Subject: City Council Strategic Goals
COUNCIL PRIORITY AREA
Public Safety
Business Communities
Circulation Safety and Efficiency
Environmental Sustainability
Housing
General Government
RECOMMENDATION
Review the CIty Council's Strategic Goals and provide modifications as needed
ENVIRONMENTAL IMPACT
Not applicable
FISCAL IMPACT
Unknown at this time as projects undertaken will depend upon the City’s Goals.
PREVIOUS COUNCIL CONSIDERATION
Last adopted March 11, 2025
BACKGROUND
On March 11, 2025, the City Council adopted a Resolution affirming the Council's 5-Year Strategic Goals. These goals guide the priorities and work of the City and help in shaping the annual budgeting process.
ANALYSIS
The City Council Strategic Goals highlight those areas identified by the Council for emphasis and focus. The City Council will accomplish these goals by engaging the community and making decisions which are equitable, sustainable and fiscally prudent. The City Council will ensure that appropriate resources are allocated to maintain Los Altos as a great place to live and work, including providing a work culture and environment that supports recruitment and retention of exceptional employees to provide City services and maintenance and improvement of the City’s assets.
1. Public Safety: The City of Los Altos will continue providing excellent public safety for
the community by providing safe, reliable and resilient police and fire facilities and services and by engaging the community in emergency preparedness best practices.
2. Business Communities: The City of Los Altos will support the different business communities including implementing specific projects and/or elements of the Housing Element and Downtown Vision Plan.
3. Circulation Safety and Efficiency: The City of Los Altos will continue implementing the City’s policies as expressed in the Complete Streets Master Plan and other plans which support improving circulation safety and efficiencies, with an emphasis on improving Safe Routes to Schools.
4. Environmental Sustainability: The City of Los Altos will strive to lead in environmental sustainability through education, incentives and adaptation initiatives, and practices identified in the City’s Climate Action and Adaptation Plan.
5. Housing: The City of Los Altos will implement the Housing Element, programs, and policies to facilitate, incentivize and administer the availability of housing that is safe, diverse and affordable for all income levels to meet the needs of the Community and seek to increase and protect its green space.
DISCUSSION
It is recommended that the City Council review these Goals and provide modifications to them as needed.
ATTACHMENTS
1. Reso No. 2025-23 Council Strategic Goals - signed
Resolution 2025-23 1
RESOLUTION NO. 2025-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AFFIRMING THE CITY COUNCIL’S 5-YEAR STRATEGIC GOALS
WHEREAS, the Mission of the City of Los Altos is “to be a sustainable, vibrant and inclusive community in which to live, work, visit and play; and
WHEREAS, the City Council is committed to providing essential services to the community; and
WHEREAS, on February 23, 2021, the City Council adopted 5-Year Strategic Goals to help maintain Los Altos as the great place it is and on April 26, 2022, February 21, 2023 and January 23, 2024 the Council reviewed and revised the goals; and WHEREAS, on February 25, 2025, the City Council reviewed its 5-Year Strategic Goals.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos does hereby adopt the following as its 5-Year Strategic Goals:
The City Council Strategic Goals highlight those areas identified by the Council for emphasis and focus.
The City Council will accomplish these goals by engaging the community and making decisions which are equitable, sustainable and fiscally prudent. The City Council will ensure that appropriate resources are allocated to maintain Los Altos as a great place to live and work, including providing a work culture and environment that supports recruitment and retention of exceptional employees to provide City services and maintenance and improvement of the City’s assets.
1. Public Safety: The City of Los Altos will continue providing excellent public safety for the community by providing safe, reliable and resilient police and fire facilities and services and by engaging the community in emergency preparedness best practices.
2. Business Communities: The City of Los Altos will support the different business communities including implementing specific projects and/or elements of the Housing Element and Downtown Vision Plan.
3. Circulation Safety and Efficiency: The City of Los Altos will continue implementing the City’s policies as expressed in the Complete Streets Master Plan and other plans which support improving circulation safety and efficiencies, with an emphasis on improving Safe Routes to Schools.
4. Environmental Sustainability: The City of Los Altos strive to lead in environmental sustainability through education, incentives and adaptation initiatives, and practices identified in the City’s Climate Action and Adaptation Plan.
5. Housing: The City of Los Altos will implement the Housing Element, programs, and policies to facilitate, incentivize and administer the availability of housing that is safe, diverse and affordable for all income levels to meet the needs of the Community and seek to increase and protect its green space.
Resolution 2025-23 2
I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 11th day of March 2025, by the following vote:
AYES: Dailey, Fligor, Lang, Meadows, Weinberg
NOES:
ABSTAIN:
ABSENT: __________________________ Pete Dailey
Mayor
ATTEST: _________________________ Melissa Thurman, MMC
City Clerk
City Council Staff Report
Meeting Date: February 24, 2026
Prepared By: Anthony Carnesecca
Approved By: Gabe Engeland
Subject: Discuss and Provide Guidance on Environmental Commission Membership
COUNCIL PRIORITY AREA
General Government
RECOMMENDATION
Discuss and provide direction on any changes to the Environmental Commission membership, meeting frequency, or responsibilities
ENVIRONMENTAL IMPACT
This report is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970.
FISCAL IMPACT
There is no fiscal impact.
PREVIOUS COUNCIL CONSIDERATION
February 21, 2023, March 28, 2023, April 25, 2023, May 23, 2023, June 13, 2023, & February 10, 2026
BACKGROUND
The City of Los Altos has guidelines for the Commissions regarding their scope of work, number of Commissioners, and frequency of Commission meetings within Los Altos Municipal Code Chapters 2.08 and 2.12.
ANALYSIS
DISCUSSION
At the February 10, 2026 meeting, City Council requested that City staff bring back the membership for Environmental Commission after the joint meeting with them that is scheduled for the February 24, 2026 meeting.
Below is a chart of the current membership and annual meetings for Environmental Commission.
Commission Codified
Membership
Current
Membership
Current
Vacancy
Codified
Annual
2025 Actual Meetings
Total Meetings
Environmental 7 6 1 10 10
Quorum is defined for Commissions by the amount of commissioners currently seated, not the codified membership.
ATTACHMENTS
None
City Council Staff Report
Meeting Date: February 24, 2026
Prepared By: Anthony Carnesecca
Approved By: Gabe Engeland
Subject: Review Los Altos Chamber of Commerce Funding
COUNCIL PRIORITY AREA
Business Communities
RECOMMENDATION
Discuss and provide direction on funding to the Los Altos Chamber of Commerce
ENVIRONMENTAL IMPACT
This report is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970.
FISCAL IMPACT
PREVIOUS COUNCIL CONSIDERATION
May 23, 2023, September 12, 2023, October 14, 2025, October 28, 2025, November 18, 2025, & February 10, 2026
BACKGROUND
At the May 23, 2023 City Council meeting, City Council directed City staff to draft a contract with the Los Altos Chamber of Commerce in the amount of $67,500 annually for five years. City staff worked with the Chamber of Commerce to draft a contract that will execute specific objectives and achieve accomplishments regarding tourism and visitor attraction on an annual basis.
At the September 12, 2023 City Council meeting, City Council unanimously directed the City Manager to sign a contract with the Los Altos Chamber of Commerce in the amount of $67,500 annually for five years as previously directed during the budget process, which was intended to be for Tourism and Visitor Attraction services that support visitor attraction efforts of the City and will increase the amount of visitors supporting our local economy.
Per the staff report from September 12, 2023, the City of Los Altos and Los Altos Chamber of Commerce entered into an agreement, which is attached to this staff report, requiring certain items to be completed on a fiscal year basis.
The Los Altos Chamber of Commerce successfully completed these tasks in fulfillment of their obligations for Fiscal Year 23-24.
In Fiscal Year 24-25, the Los Altos Chamber of Commerce was able to successfully operate the Visitors Center, but was unable to complete the tasks outlined relating to the Los Altos Magazine due to extenuating circumstances.
At the October 14, 2025 City Council meeting, the City Council directed staff to return with a review of the contract with the Chamber of Commerce.
At the October 28, 2025 City Council meeting, the City Council directed staff to return to a future meeting with a contract amendment to remove all portions pertaining to the Los Altos Magazine for FY25-26, FY26-27, and FY27-28.
At the November 18, 2025 City Council meeting, the City Council unanimously approved Amendment No. 1 to the Los Altos Chamber of Commerce contract, which removed all portions pertaining to the Los Altos Magazine for FY25-26, FY26-27, and FY27-28 and allowed the Los Altos Chamber of Commerce to complete the Los Altos Magazine from FY24-25 as soon as possible with an end date of December 31, 2025. This amendment has been attached to this staff report.
The Los Altos Chamber of Commerce staff provided an update on the Los Altos Magazine portion of their contract that was required to be completed by December 31, 2025. The contract requires the following items to be completed:
• Printing 20,000 copies of the full-color, high-quality destination guide: Los Altos Magazine
• Distribution of 16,000 Los Altos Magazines to households in Los Altos and neighboring communities
• Distribution of 4,000 Los Altos Magazines for local pickup at hotels, coffee shops • Creation of a digital copy of the Los Altos Magazine for electronic use Their staff indicated that the FY24-25 Los Altos Magazine was delivered to their offices in Los Altos by late December prior to the deadline, distributed copies locally at popular designated sites in each business district, and created the digital copy available on their website.
The residential delivery to households in Los Altos and neighboring communities was postponed due to the incredibly rainy winter storm system, and not delivered by December 31, 2025, as required under the contract.
ANALYSIS
DISCUSSION
At the February 10, 2026 meeting, the City Council requested that staff return with a review of the Los Altos Chamber of Commerce Funding.
During the current fiscal year FY25-26, the City has provided funding through an annual contract to the Los Altos Chamber of Commerce for the Visitors Center in the amount of
$14,000 and through a one-year grant to the Los Altos Chamber Foundation for the LEAD Program in the amount of $27,920. The City has provided funding for half ot the annual contract for the Visitors Center and the entire grant for the LEAD Program.
During the previous fiscal year FY24-25, the City has provided funding through an annual contract to the Los Altos Chamber of Commerce for the Los Altos Magazine and Visitors Center in the amount of $67,500. The City has provided that funding in its entirety.
City staff sent the following questions to Chamber staff for answers:
Annual contract
• Do you have a breakdown of how you have spent the funds for the annual contract? • Do you have receipts verifying the expenses covered by funding for the annual contract? • Do you have documentation from your insurance company verifying that the City has been insured for the duration of the annual contract?
• Could you provide a breakdown of how you accomplished all tasks outlined in the annual contract?
• Could you provide the delivery date of the 20,000 printed copies of the FY24-25 Los Altos Magazine when they arrived at the Chamber office? • Could you provide the completed delivery date of the 16,000 printed copies of the FY24- 25 Los Altos Magazine to households in Los Altos?
• Could you describe how you have distributed the 4,000 printed copies of the FY24-25 Los Altos Magazine for local pickup at hotels, coffee shops, etc., and when you anticipate all 4,000 copies will be distributed?
• Could you provide the posting date of the digital copy of the Los Altos Magazine to your website for FY24-25?
Lead Grant Funding
• Do you have a breakdown of how you have spent the funds for the Los Altos LEAD program to date?
• Do you have receipts verifying the expenses covered by funding for the Los Altos LEAD program?
• As the Los Altos Chamber of Commerce Foundation applied for the LEAD program funding, were those funds appropriately deposited into the account associated with this organization and used by that as a separate entity?
• Do you have any additional information or documentation that will assist with verifying deposits and expenditures were made appropriately from City funding? Initially, Chamber staff responded that they were unable to provide answers in time for the publication of the agenda and committed to provide a detailed response by Wednesday, March
18. City staff responded that it was understood the required documentation may take time to put
together, but requested responses to answers that could be provided by Monday, February 23 so that they would be included in the Council QA published the day of the meeting. Any responses received from the Chamber before the meeting will be included in the QA.
ATTACHMENTS
None
City of Los Altos 2026 Tentative Council Agenda Calendar All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing.
Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda.
March 10, 2026
Study Session – 5:00 p.m. Joint Meetings with Commissions Regular Meeting – 7:00 p.m.
CONSENT:
• Housing Element Annual Progress Report
• Adoption of Council Norms
The remaining 2026 City Council agenda calendar items are pending and will be published at a later date.
PROGRAM SUB PROJECT INITIATION DATE HEU COMPLETION DATE STATUS Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).
Budget & Hire Planning
Technician December 31, 2022 COMPLETED
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).
Amend ADU Ordinance
based upon HCD's letter 6 months or less COMPLETED
Program 6.G: Housing mobility
Allow more than one
JADU (at least two per
site)
with ADU Ordinance
Update COMPLETED
Program 3.H: Amend design review process and
requirements.
Eliminate 3rd Party
Architectural Review February 28, 2023 COMPLETED
Program 3.H: Amend design review process and
requirements.
Dismiss Design Review
Commission February 28, 2023 COMPLETED
Program 3.L: Eliminate the requirement of story poles. March 31, 2023 COMPLETED Program 2.E: Conduct annual ADU rental income surveys.
Budget & Hire Housing
Program 4.J: Facilitate alternate modes of transportation for Manager March 31, 2023 COMPLETED residents.
Adopt VMT Policy &
Transportation Demand June 30, 2023 COMPLETED
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).
RFP-Permit Ready ADU
Plans July 31, 2023 COMPLETED
Program 1.H: Facilitate housing on City-owned sites. Financial Analysis July 1, 2023 December 31, 2023 COMPLETED Program 3.D: Evaluate and adjust impact fees. August 1, 2023 December 31, 2024 COMPLETED Program 1.H: Facilitate housing on City-owned sites. Release RFP December 31, 2023 COMPLETED Program 6.C: Target housing development in highest
resource areas. Initial Outreach September 31, 2023 COMPLETED Program 6.D: Promote Housing Choice (Section 8) rental
assistance program. September 31, 2023 COMPLETED
Program 2.A: Continue to implement and enhance
inclusionary housing requirements. December 31, 2023 ONGOING Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Housing in-lieu fee. December 31, 2023 COMPLETED Program 2.F: Water and Sewer Service Providers. December 31, 2023 COMPLETED Program 3.B: Modify building height in mixed-use zoning districts. Downtown Districts December 31, 2023 COMPLETED Program 3.E: Ensure that the density bonus ordinance
remains consistent with State law. December 31, 2023 ONGOING
Program 3.H: Amend design review process and
requirements. Code Amendments December 31, 2023 COMPLETED Program 3.K: Standardize multimodal transportation
requirements.
Bicycle Storage and
Charging Regulations December 31, 2023 COMPLETED
Program 3.K: Standardize multimodal transportation
requirements.
Remove CSC Review of
Housing Developments December 31, 2023 COMPLETED
Program 4.C: Allow Low Barrier Navigation Centers
consistent with AB 101. December 31, 2023 COMPLETED
Program 4.D: Allow transitional and supportive housing
consistent with State law. December 31, 2023 COMPLETED
Program 4.E: Allow employee/farmworker housing
consistent with State law. December 31, 2023 COMPLETED
Program 4.F: Reasonably accommodate disabled persons’
housing needs. December 31, 2023 COMPLETED
Program 6.B: Maintain and expand an inventory of affordable housing funding sources. Prepare Inventory. December 31, 2023 COMPLETED Program 6.E: Prepare and distribute anti-displacement
information. December 31, 2023 COMPLETED
Program 1.A: Rezone for RHNA shortfall. January 31, 2024 COMPLETED Program 1.G: Rezone housing sites from previous Housing Elements. January 31, 2024 COMPLETED
Program 3.G: Amend Conditional Use Permits findings
applicable to housing developments. March 31, 2024 COMPLETED Program 3.I: Allow residential care facilities consistent with State law. January 31, 2024 COMPLETED
Program 3.J: Explicitly allow manufactured homes consistent with State law. January 31, 2024 COMPLETED
Program 3.F: Reduce Conditional Use Permit requirement for residential mixed-use and
multi-family. September 31, 2024 COMPLETED
Program 1.B: Facilitate higher density housing in the
Commercial Thoroughfare (CT) District. January 31, 2024 COMPLETED Program 1.C: Allow housing in the Office Administrative (OA) District. January 31, 2024 COMPLETED
Program 1.E: Update the Loyola Corners Specific Plan. January 31, 2024 COMPLETED Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).
Adopt-Permit Ready ADU
Plans December 31, 2024 COMPLETED
Program 3.A: Prepare a Downtown parking plan and update citywide parking requirements. Downtown Parking Plan December 31, 2024 COMPLETED Program 3.A: Prepare a Downtown parking plan and update citywide parking requirements.
Comprehensive Parking
Ordinance Update December 31, 2024 COMPLETED
Program 3.B: Modify building height in mixed-use zoning districts.
Commercial
Neighborhood (CN)
District December 31, 2024 COMPLETED
Program 3.C: Remove floor-to-area ratio (FAR) restriction at Rancho Shopping Center and
Woodland Plaza. December 31, 2024 COMPLETED
Program 3.M: Modify parking requirements for emergency
shelters consistent with State
law. December 31, 2024 COMPLETED
Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Commercial linkage fee. December 31, 2025 COMPLETED Program 1.D: Allow housing on certain Public and
Community Facilities District sites and
facilitate housing on religious institution properties. December 31, 2025 IN-PROGRESS Program 6.G: Housing mobility
Allow housing on all
religious sites within the
City December 31, 2025 IN-PROGRESS
Program 1.F: Rezone Village Court parcel. December 31, 2025 COMPLETED Program 4.H: Provide additional density bonuses and
incentives for housing that accommodates special needs
groups. December 31, 2025 IN-PROGRESS
Program 4.I: Allow senior housing with extended care
facilities in multi-family and mixed-use zoning districts. December 31, 2025 IN-PROGRESS Program 1.I: Incentivize Downtown lot consolidation. July 31, 2026 Program 4.G: Assist seniors to maintain and rehabilitate their homes. July 31, 2026 ONGOING
Program 6.C: Target housing development in highest
resource areas. Follow-up Outreach September 31, 2026
Program 1.H: Facilitate housing on City-owned sites. Entitlement Review December 31, 2026 Program 3.N: Modify standards in the R3 zoning districts. December 31, 2026 COMPLETED Program 4.J: Facilitate alternate modes of transportation for residents.
Capital Improvement
Project for above head
pedestrian crossing
signals on San Antonio
Road near Downtown Los
Altos December 31, 2027
Program 5.F: Incentivize the creation of play areas for multifamily housing projects. December 31, 2027 Program 1.K: Participate in regional housing needs planning efforts. Ongoing ONGOING
Program 1.L: General Plan amendments. Ongoing ONGOING
Program 1.M: SB 9 implementation. Ongoing ONGOING
Program 1.N: Facilitate and monitor pipeline housing
projects. Ongoing ONGOING
Program 2.C: Assist in securing funding for affordable
housing projects. Ongoing ONGOING
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs). Ongoing ONGOING
Program 2.E: Conduct annual ADU rental income surveys. Annual Survey Annually ONGOING Program 4.A: Support efforts to fund homeless services. Ongoing ONGOING Program 4.B: Continue to participate in local and regional forums for homelessness,
supportive, and transitional housing. Ongoing ONGOING
Program 5.A: Monitor condominium conversions. Ongoing ONGOING Program 5.B: Continue to administer the City’s affordable housing programs. Ongoing ONGOING
Program 5.C: Restrict commercial uses from displacing
residential neighborhoods. Ongoing ONGOING
Program 5.D: Implement voluntary code inspection program. Ongoing ONGOING Program 5.E: Help secure funding for housing rehabilitation and assistance programs. Ongoing ONGOING
Program 6.A: Assist residents with housing discrimination and landlord-tenant
complaints. Ongoing ONGOING
Program 6.B: Maintain and expand an inventory of affordable housing funding sources.
Inform, Evaluate
Apply/Submit Ongoing ONGOING
Program 6.F: Affirmatively market physically accessible units. Ongoing ONGOING Program 7.A: Promote energy and water conservation and
greenhouse gas reduction
through education and awareness campaigns. Ongoing ONGOING Program 7.B: Monitor and implement thresholds and
statutory requirements of climate change legislation. Ongoing ONGOING